Common use of Landlord Estoppel Clause in Contracts

Landlord Estoppel. Landlord shall, within ten (10) business days after receipt of a written request from Tenant, execute and deliver to Tenant a statement certifying: (a) the date of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that, to Landlord’s actual knowledge, there are no current defaults under this Lease by either Landlord or Tenant except as specified in Landlord’s statement; and (e) such other factual matters as may be reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if Landlord fails to execute and deliver such certificate within such ten (10) business day period, Tenant may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”. If Landlord fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Tenant) within a five (5) business day period following the receipt of Tenant’s second written request therefor.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

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Landlord Estoppel. Landlord shall, from time to time, within ten (10) business days after receipt of a written following request from Tenant, execute execute, acknowledge and deliver to Tenant or to Tenant’s lender in connection with a statement certifying: Landlord Lien Waiver (as defined in Section 34.30 below) an estoppel certificate (a) the date of commencement and expiration of this Lease; (b) the fact certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Leasemodified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect, as modified ) and stating the date and general title of any such modification documents,); (c) the date dates to which the rent rental and other sums payable under this Lease have been paid; charges are paid in advance, if any, (db) the fact that, acknowledging that to Landlord’s actual knowledge, knowledge without duty of investigation there are no current not any uncured defaults under on the part of Tenant or Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth such further factual information with respect to the status of this Lease by either Landlord or Tenant except as specified in Landlord’s statement; and (e) such other factual matters the Premises as may reasonably be requested thereon. Any such certificate may be relied upon by, and shall upon Tenant’s request be addressed to, any parties reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if If Landlord fails to execute execute, acknowledge and deliver any such estoppel certificate within such ten (10) business day period, Tenant may provide deliver an Estoppel Reminder Notice to Landlord a second written request with respect stating that Landlord has failed to deliver such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”within the required time period. If Failure of Landlord fails to execute execute, acknowledge and deliver such an estoppel certificate (or provide written comments to any proposed certificate delivered by Tenant) Tenant within a five (5) business day period following days after delivery of an Estoppel Reminder Notice, shall constitute an acknowledgment by Landlord that statements included in good faith by Tenant in the receipt of Tenant’s second written request thereforestoppel certificate are true and correct.

Appears in 1 contract

Samples: Eventbrite, Inc.

Landlord Estoppel. Landlord shallhereby agrees to provide to Tenant an estoppel certificate signed by Landlord, containing the same types of information, and within ten (10) business days after receipt the same periods of a written request from time, as set forth above, with such changes as are reasonably necessary to reflect that the estoppel certificate is being granted and signed by Landlord to Tenant, execute and deliver rather than from Tenant to Tenant a statement certifying: (a) the date of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that, to Landlord’s actual knowledge, there are no current defaults under this Lease by either Landlord or Tenant except as specified in Landlord’s statement; a lender, and (e) such shall also contain any other factual matters as may be information reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if If Landlord fails to execute timely execute, acknowledge and deliver such estoppel certificate within such ten (10) business day periodor provide written comments to any proposed certificate delivered by Tenant), Tenant may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT DELIVERY HEREOF IN ACCORDANCE WITH THE LEASE SHALL CONSTITUTE ACCEPTANCE OF AN EVENT OF DEFAULTESTOPPEL CERTIFICATE”. If Landlord fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Tenant) within a five (5) business day period following the receipt of Tenant’s second written request therefor, such failure shall constitute an acknowledgment by Landlord that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective assignee, lender, subtenant or investor of Tenant. If Landlord provides written comments to any estoppel certificate received from Tenant, then Landlord shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Tenant such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Tenant) and the same process described above shall apply with respect to Landlord’s failure to timely execute, acknowledge and deliver such revised estoppel certificate (or provide written comments to any proposed certificate delivered by Tenant).

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Landlord Estoppel. Landlord shallhereby agrees to provide to Tenant an estoppel certificate signed by Landlord, containing the same types of information, and within ten (10) business days after receipt the same periods of a written request from time, as set forth above, with such changes as are reasonably necessary to reflect that the estoppel certificate is being granted and signed by Landlord to Tenant, execute and deliver rather than from Tenant to Tenant a statement certifying: (a) the date of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that, to Landlord’s actual knowledge, there are no current defaults under this Lease by either Landlord or Tenant except as specified in Landlord’s statement; a lender, and (e) such shall also contain any other factual matters as may be information reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if If Landlord fails to execute timely execute, acknowledge and deliver such estoppel certificate within such ten (10) business day periodor provide written comments to any proposed certificate delivered by Tenant), Tenant may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold and all caps "FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE ACCEPTANCE OF AN EVENT OF DEFAULT”ESTOPPEL CERTIFICATE". If Landlord fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Tenant) within a five (5) business day period following the receipt of Tenant’s Landlord's second written request therefor, such failure 70 shall constitute an acknowledgment by Landlord that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective assignee, lender, subtenant or investor of Tenant. If Landlord provides written comments to any estoppel certificate received from Tenant, then Landlord shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Tenant such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Tenant) and the same process described above shall apply with respect to Landlord's failure to timely execute, acknowledge and deliver such revised estoppel certificate (or provide written comments to any proposed certificate delivered by Tenant).

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

Landlord Estoppel. Landlord shallhereby agrees to provide to Tenant an estoppel certificate signed by Landlord, containing the same types of information, and within ten (10) business days after receipt the same periods of a written request from time, as set forth above, with such changes as are reasonably necessary to reflect that the estoppel certificate is being granted and signed by Landlord to Tenant, execute and deliver rather than from Tenant to Tenant a statement certifying: (a) the date of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that, to Landlord’s actual knowledge, there are no current defaults under this Lease by either Landlord or Tenant except as specified in Landlord’s statement; a lender, and (e) such shall also contain any other factual matters as may be information reasonably requested by Tenant. Landlord may correct any factual errors or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor of Tenant. Landlord irrevocably agrees that if If Landlord fails to execute timely execute, acknowledge and deliver such estoppel certificate within such ten (10) business day periodor provide written comments to any proposed certificate delivered by Tenant), Tenant may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE ACCEPTANCE OF AN EVENT OF DEFAULTESTOPPEL CERTIFICATE”. If Landlord fails to execute and deliver such certificate (or provide written comments to any proposed certificate delivered by Tenant) within a five (5) business day period following the receipt of TenantLandlord’s second written request therefor, such failure shall constitute an acknowledgment by Landlord that statements included in the estoppel certificate are true and correct, without exception. Any such certificate may be relied upon by any prospective assignee, lender, subtenant or investor of Tenant. If Landlord provides written comments to any estoppel certificate received from Tenant, then Landlord shall have five (5) business days following receipt of a revised estoppel certificate to execute, acknowledge and deliver to Tenant such revised estoppel certificate (or provide written comments to any such revised estoppel certificate delivered by Tenant) and the same process described above shall apply with respect to Landlord’s failure to timely execute, acknowledge and deliver such revised estoppel certificate (or provide written comments to any proposed certificate delivered by Tenant).

Appears in 1 contract

Samples: Office Lease (Unity Software Inc.)

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Landlord Estoppel. Landlord shall, within Within ten (10) business days after receipt of a written request from Tenant’s request, execute Landlord shall execute, acknowledge and deliver to Tenant a written statement certifying: (ai) that none of the date terms or provisions of commencement and expiration of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this Lease is in full force and effect, as modified and stating the date and general title of any such modification documents,); (c) the date to which the rent and other sums payable under this Lease have been paidchanged (or if they have been changed, stating how they have been changed); (dii) that this Lease has not been canceled or terminated; (iii) the fact that, to Landlord’s actual knowledge, there are no current defaults last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Tenant is not in default under this Lease by either Landlord (or if Tenant except as specified is claimed to be in Landlord’s statementdefault, setting forth such default in reasonable detail); and (ev) such other factual matters information with respect to Landlord or this Lease as Tenant may be reasonably requested request or which any prospective purchaser or encumbrancer of Tenant may require. Tenant may deliver any such statement by Tenant. Landlord may correct to any factual errors prospective purchaser or misstatements in such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 may be relied upon by any assignee, lender, subtenant or investor encumbrancer of Tenant, and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. If Landlord irrevocably agrees that if Landlord fails to execute and shall not deliver such certificate statement to Tenant within such ten (10) business day periodperiod Tenant, Tenant and any prospective purchaser or encumbrancer, may provide to Landlord a second written request with respect to such estoppel certificate which written notice must state in bold conclusively presume and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE rely upon the following facts: (5i) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”. If Landlord fails to execute that the terms and deliver such certificate (or provide written comments to any proposed certificate delivered provisions of this Lease have not been changed except as otherwise represented by Tenant; (ii) within a five that this Lease has not been canceled or terminated except as otherwise represented by Tenant; (5iii) business day period following that not more than one months Base Rent or other charges have been paid in advance; and (iv) that Tenant is not in default under this Lease. In such event, Landlord shall be estopped from denying the receipt truth of Tenant’s second written request thereforsuch facts.

Appears in 1 contract

Samples: Commercial Lease (Excelligence Learning Corp)

Landlord Estoppel. Landlord shall, from time to time, within ten fifteen (1015) business days after receipt of a following written request from Tenant, execute execute, acknowledge and deliver to Tenant a statement certifying: an estoppel certificate, (a) the date of commencement and expiration of this Lease; (b) the fact certifying that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Leasemodified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect, as modified ) and stating the date and general title of any such modification documents,); (c) the date dates to which the rent rental and other sums payable under this Lease have been paid; charges are paid in advance, if any, (db) the fact that, acknowledging that to Landlord’s actual knowledge, knowledge there are no current not any uncured defaults under on the part of Tenant or Landlord hereunder, or specifying such defaults if any are claimed, and (c) setting forth such further factual information with respect to the status of this Lease by either Landlord or Tenant except as specified in Landlord’s statement; and (e) such other factual matters the Premises as may reasonably be reasonably requested by Tenantthereon. Landlord may correct any factual errors or misstatements in Any such executed estoppel certificate. Landlord agrees that any statement delivered pursuant to this Section 17.2 certificate may be relied upon by, and shall upon Txxxxx’s request be addressed to, any parties reasonably requested by any assignee, lender, subtenant or investor of TenantTxxxxx. Landlord irrevocably agrees that if If Landlord fails to execute execute, acknowledge and deliver any such estoppel certificate within such ten fifteen (1015) business day period, Tenant may provide deliver an Estoppel Reminder Notice to Landlord a second written request with respect stating that Landlord has failed to deliver such estoppel certificate which written notice must state in bold and all caps “FAILURE TO RESPOND TO THIS WRITTEN NOTICE WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT HEREOF SHALL CONSTITUTE AN EVENT OF DEFAULT”within the required time period. If Failure of Landlord fails to execute execute, acknowledge and deliver such an estoppel certificate (or provide written comments to any proposed certificate delivered by Tenant) Tenant within a five (5) business day period following the receipt days after delivery of an Estoppel Reminder Notice, shall, at Tenant’s second written request thereforoption, constitute (i) an acknowledgment by Landlord that statements included in good faith by Tenant in the estoppel certificate are true and correct and (ii) a default by Landlord under this Lease without any additional cure periods.

Appears in 1 contract

Samples: Office Lease (Zynga Inc)

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