Common use of Failure to Execute Estoppel Certificate Clause in Contracts

Failure to Execute Estoppel Certificate. The failure of Tenant to execute, acknowledge and deliver to Landlord and/or any first mortgagee a statement in accordance with the provisions of Paragraph 23 above within the said twenty (20) day period shall constitute acknowledgment by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Demised Premises that this Lease has not been assigned, amended, changed, or modified, is in full force and effect and that the Basic 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 and shall constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses or offsets against the enforcement of this Lease by Landlord which may exist prior to the date of the written request, and Landlord at its option, may treat such failure as a deliberate event of default.

Appears in 2 contracts

Samples: Lease Agreement (Exigent International Inc), Lease Agreement (Exigent International Inc)

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Failure to Execute Estoppel Certificate. The failure of Tenant to --------------------------------------- execute, acknowledge and deliver to Landlord and/or any first mortgagee a statement in accordance with the provisions of Paragraph 23 above within the said twenty (20) day period shall constitute acknowledgment acknowledgement by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Demised Premises that this Lease has not been assigned, amended, changed, or modified, is in full force and effect and that the Basic 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 and shall constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses or offsets against the enforcement of this Lease by Landlord which may exist prior to the date of the written request, and Landlord at its option, may treat such failure as a deliberate event of default.

Appears in 1 contract

Samples: Lease Agreement (Britesmile Inc)

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Failure to Execute Estoppel Certificate. The failure of Tenant to execute, acknowledge and deliver to Landlord and/or any first mortgagee a statement in accordance with the provisions of Paragraph 23 Paragraphs 31 and 32 above within the said twenty ten (2010) day period days after request shall constitute acknowledgment acknowledgement by Tenant which may be relied upon by any person holding or intending to acquire any interest whatsoever in the Demised Premises or any mortgagee or purchaser that this Lease has not been assigned, amended, changed, or modified, is in full force and effect and that the Basic Base 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 and/or that Tenant has attorned to any mortgagee or purchaser and shall constitute as to any persons entitled to rely on such statements a waiver of any defaults by Landlord or defenses or offsets against the enforcement of this Lease by Landlord which may exist prior to the date of the written request, and Landlord at its option, may treat such failure as a deliberate event of default.

Appears in 1 contract

Samples: Ground Lease (Bryn Mawr Bank Corp)

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