Common use of EXECUTION OF ESTOPPEL CERTIFICATE Clause in Contracts

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten (10) days of the date of such written request, agrees to execute and deliver to Landlord and/or such Mortgagee, without charge and in a form 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 the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord, or stating the defaults, defenses, set-offs, recoupments and/or counterclaims claimed by Tenant; (f) reciting the amount of advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the amount of the Security Deposit; and (h) containing any other information which Landlord or the Mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten (10) days of the date of such written request, agrees to execute and deliver to Landlord and/or such Mortgagee, without charge and in a form 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 the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord, or stating the defaults, defenses, set-offs, recoupments and/or counterclaims claimed by Tenant; (f) reciting the amount of advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the amount of the Security Deposit; and (h) containing any other information which Landlord or the Mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten (10) days of the date of such written request, agrees to execute and deliver to Landlord and/or such Mortgagee, without charge and in a form 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 the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord, or stating the defaults, defenses, set-offs, recoupments and/or counterclaims claimed by Tenant; (f) reciting the amount of advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the amount of the Security Deposit; and (h) containing any other information which Landlord or the Mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the 11 respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, --------------------------------- upon the written request of Landlord or any Mortgageefirst mortgagee, Tenant, Tenant within ten twenty (1020) days of the date of such written request, request agrees to execute and deliver to Landlord and/or such Mortgageefirst mortgagee, without charge and in a form satisfactory to Landlord and/or such Mortgageemortgagee, a written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates date of the Term term of this LeaseLease and the minimum annual rental rate payable during the lease term; (c) certifying that Tenant is in occupancy of the Premises Demised Premises, and that the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, supplemented or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, defenses or counterclaims offsets against the enforcement of this Lease by Landlord, Landlord or stating the defaults, defenses, set-offs, recoupments defaults and/or counterclaims defenses claimed by Tenant; (f) reciting the amount of advance Rentrent, if any, paid by Tenant and the date to which such Rent rent has been paidpaid and, if requested by Landlord and/or Mortgagee, agreeing that Tenant shall not pay rent to Landlord more than thirty days in advance; (g) reciting the amount of security deposited with Landlord, if any; (h) certifying that Tenant has no option or right of first refusal to purchase the Security DepositDemised Premises or option to extend the term of the Lease (unless specifically set forth to the contrary in the Lease); (i) if requested by Landlord and/or Mortgagee, agreeing that the Lease will not be modified without the prior written consent of the Mortgagee; (j) certifying that tenant will not generate, store, handle or otherwise deal with any amount of any hazardous substances or hazardous waste (as defined in federal, state and local law) in or about the Demised Premises, in excess of those levels or quantities specified for regulatory purposes; (k) agreeing, if requested by Mortgagee, that Tenant will give Mortgagee such notice of any default by Landlord and reasonable opportunity to cure such default, not in excess of thirty (30) days, unless the default cannot be cured within said time, before exercising Tenant's remedies under the Lease; and (hl) containing any other information which Landlord or the Mortgagee mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgageefirst mortgagee, Tenant, Tenant within ten twenty (1020) days of the date of such written request, request agrees to execute and deliver to Landlord and/or such Mortgageefirst mortgagee, without charge and in a form satisfactory to Landlord and/or such Mortgageemortgagee, a written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates date of the Term term of this LeaseLease and the minimum annual rental rate payable during the lease term; (c) certifying that Tenant is in occupancy of the Premises Demised Premises, and that the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, supplemented or amended except by such writings writing as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, defenses or counterclaims offsets against the enforcement of this Lease by Landlord, Landlord or stating the defaults, defenses, set-offs, recoupments defaults and/or counterclaims defenses claimed by Tenant; (f) reciting the amount of advance Rentrent, if any, paid by Tenant and the date to which such Rent rent has been paidpaid and, if requested by Landlord and/or Mortgagee, agreeing that Tenant shall not pay rent to Landlord more than thirty days in advance; (g) reciting the amount of security deposited with Landlord, if any; (h) certifying that Tenant has no option or right of first refusal to purchase the Security DepositDemised Premises or option to extend the term of the Lease (unless specifically set froth to the contrary in the Lease); (i) if requested by Landlord and/or Mortgagee, agreeing that the Lease will not be modified without the prior written consent of the Mortgagee; (j) certifying that tenant will not generate, store, handle or otherwise deal with any amount of any hazardous substances or hazardous waste(as defined in federal, state and local law) in or about the Demised Premises, in excess of those levels or quantities specified for regulatory purposes; (k) agreeing, if requested by Mortgagee, that Tenant will give Mortgagee such notice of any default by Landlord and reasonable opportunity to cure such default, not in excess of thirty (30) days, unless the default cannot be cured within said time, before exercising Tenant's remedies under the Lease; and (hl) containing any other information which Landlord or the Mortgagee mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgageefirst mortgagee, Tenant, Tenant within ten twenty (1020) days of the date of such written request, request agrees to execute and deliver to Landlord and/or such Mortgageefirst mortgagee, without charge and in a form satisfactory to Landlord and/or such Mortgageemortgagee, a written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates date of the Term term of this LeaseLease and the minimum annual rental rate payable during the lease term; (c) certifying that Tenant is in occupancy of the Premises Demised Premises, and that the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, supplemented or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, defenses or counterclaims offsets against the enforcement of this Lease by Landlord, Landlord or stating the defaults, defenses, set-offs, recoupments defaults and/or counterclaims defenses claimed by Tenant; (f) reciting the amount of advance Rentrent, if any, paid by Tenant and the date to which such Rent rent has been paidpaid and, if requested by Landlord and/or Mortgagee, agreeing that Tenant shall not pay rent to Landlord more than thirty days in advance; (g) reciting the amount of security deposited with Landlord, if any; (h) certifying that Tenant has no option or right of first refusal to purchase the Security DepositDemised Premises or option to extend the term of the Lease (unless specifically set forth to the contrary in the Lease); (i) if requested by Landlord and/or Mortgagee, agreeing that the Lease will not be modified without the prior written consent of the Mortgagee; (j) certifying that tenant will not generate, store, handle or otherwise deal with any amount of any hazardous substances or hazardous waste (as defined in federal, state and local law) in or about the Demised Premises, in excess of those levels or quantities specified for regulatory purposes; (k) agreeing, if requested by Mortgagee, that Tenant will give Mortgagee such notice of any default by Landlord and reasonable opportunity to cure such default, not in excess of thirty (30) days, unless the default cannot be cured within said time, before exercising Tenant's remedies under the Lease; and (hl) containing any other information which Landlord or the Mortgagee mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten twenty (1020) days of the date of such written request, agrees to execute and deliver to Landlord and/or or such Mortgagee, without charge and in a form reasonably 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 Premises, and that the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, or amended except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (e) certifying that that, to Tenant’s actual knowledge, Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord, or stating the defaults, defenses, set-offs, recoupments recoupments, and/or counterclaims counterclaims, claimed by Tenant; (f) reciting the amount of advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the amount of the Security DepositDeposit held by Landlord, if any; and (h) containing any other information which Landlord or the Mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which that may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any statement and that there are no defaults by Landlord or defenses, setoffsset-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.

EXECUTION OF ESTOPPEL CERTIFICATE. At any time, and from time to time, upon the written request of Landlord or any Mortgageefirst mortgagee, Tenant, Tenant within ten twenty (1020) days of the date of such written request, request agrees to execute and deliver to Landlord and/or such Mortgageefirst mortgagee, without charge and in a form Landlord and/or such Mortgagee, a written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates date of the Term term of this LeaseLease and the minimum annual rental rate payable during the lease term; (cb) certifying that Tenant is in occupancy of the Premises Demised Premises, and that the Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, supplemented or amended except by such writings as shall be stated; (dc) certifying certifying, if true and accurate, that all conditions and agreements under this Lease to be satisfied or performed by either Landlord or Tenant have been satisfied and performed except as shall be stated; (ed) certifying that stating whether Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, defenses or counterclaims offsets against the enforcement of this Lease by Landlord, Landlord or stating the defaults, defenses, set-offs, recoupments defaults and/or counterclaims defenses claimed by Tenant; (fe) reciting the amount of advance Rentrent, if any, paid by Tenant and the date to which such Rent rent has been paidpaid and, if requested by Landlord and/or Mortgagee, agreeing that Tenant shall not pay rent to Landlord more than thirty days in advance; (gf) reciting the amount of the Security Depositsecurity deposited with Landlord, if any; and (g) certifying that Tenant has no option or right of first refusal to purchase the Demised Premises or option to extend the term of the Lease (unless specifically set forth to the contrary in the Lease); (h) containing if requested by Landlord and/or Mortgagee, agreeing that the Lease will not be modified without the prior written consent of the Mortgagee; (i) certifying that tenant will not generate, store, handle or otherwise deal with any amount of any hazardous substances or hazardous waste (as defined in federal, state and local law) in or about the Demised Premises, in excess of those levels or quantities specified for regulatory purposes; (j) agreeing, if requested by Mortgagee, that Tenant will give Mortgagee such notice of any default by Landlord and reasonable opportunity to cure such default, not in excess of thirty (30) days, unless the default cannot be cured within said time, before exercising Tenant’s remedies under the Lease; and (k) any other information which Landlord or the Mortgagee mortgagee shall reasonably require. The failure of Tenant to execute, acknowledge, and deliver to Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within the period set forth herein shall constitute an acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Premises or the Building, that this Lease has not been assigned, amended, changed, or modified, is in full force and effect, and that the Annual Rent and Additional Rent have been duly and fully paid not beyond the respective due dates immediately preceding the date of the request for such statement. Such failure shall also constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses, setoffs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of the written request.