Leases - Default. (i) Seller has not received any notice of termination or default under any of the Space Leases which remains uncured, (ii) to Seller’s knowledge, there are no existing or uncured material defaults by Seller, by any predecessor landlord, or by any Tenant under the Space Leases except as set forth in the Tenant Estoppel Certificates, (iii) Seller has delivered to Purchaser copies of all notices of default, which remain uncured, which Seller has sent to Tenants, (iv) to Seller’s knowledge there are no non-monetary defaults for which Seller has sent a notice of default to a Tenant, (v) to Seller’s knowledge, except as set forth on Exhibit “J” attached hereto, no Tenant has asserted any defense, set-off, or counter-claim with respect to its tenancy or its obligation to pay rent, additional rent, or other charges pursuant to its Lease which remains uncured, and (vi) to Seller’s knowledge, no Tenant is using its premises in violation of an “exclusive” granted to another Tenant or occupant of the Property.
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Sources: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Leases - Default. Except as shown on Exhibit "D-1" attached hereto, (i) Seller has not received any notice of termination or default under any of the Space Leases which remains uncuredLeases, (ii) to the best of Seller’s 's knowledge, there are no existing or uncured material defaults by Seller, by any predecessor landlord, or or, by any Tenant under the Space Leases except as set forth in the Tenant Estoppel CertificatesLeases, (iii) to the best of Seller's knowledge there are no events which with passage of time or notice, or both, would constitute a default by Seller or by any Tenant, and, to the best of Seller's knowledge, Seller has delivered complied with each and every material undertaking, covenant, and obligation of Seller under each Lease required to Purchaser copies of all notices of default, which remain uncured, which Seller has sent to Tenantsbe performed or observed through the date hereof, (iv) to Seller’s knowledge there are no non-monetary defaults for which Seller has sent a notice of default to a Tenant, (v) to Seller’s knowledge, except as set forth on Exhibit “J” attached hereto, no Tenant has asserted in writing to Seller any defense, set-off, or counter-claim counterclaim with respect to its tenancy or its obligation to pay rent, additional rent, or other charges pursuant to its Lease which remains uncuredLease, and (viv) to the best of Seller’s 's knowledge, no Tenant is using its premises in violation of an “"exclusive” " granted to another Tenant or occupant of the Property.
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