Leases - Default. (i) Seller has not received any notice of termination or default under any of the Leases, (ii) to the best of Seller's knowledge, there are no existing or uncured defaults by Seller, by any predecessor landlord, or, by any Tenant under the Leases, (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 complied with each and every material undertaking, covenant, and obligation of Seller under each Lease required to be performed or observed through the date hereof, (iv) no Tenant has asserted in writing to Seller any defense, set-off, or counterclaim with respect to its tenancy or its obligation to pay rent, additional rent, or other charges pursuant to its Lease, and (v) to the best of 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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Leases - Default. (i) Seller has not received any notice of termination or default under any of the Leases, (ii) to the best of Seller's ’s knowledge, there are no existing or uncured defaults by Seller, by any predecessor landlord, or, to Seller’s knowledge, by any Tenant under the Leases, (iii) to Seller’s knowledge, except as set forth in the best of Seller's knowledge Rent Roll, 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, and Seller has complied with each and every material undertaking, covenant, and obligation of Seller under each Lease required to be performed or observed through the date hereof, (iv) no Tenant has asserted in writing to Seller any defense, set-off, or counterclaim with respect to its tenancy or its obligation to pay rent, additional rent, or other charges pursuant to its Lease, and (v) to the best of 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 Ii Inc)