Common use of OFFSET STATEMENT Clause in Contracts

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. Within twenty (a20) days after request therefor by Landlord, its agents, successors or assigns, Tenant shall at deliver, in recordable form, a certificate to any time upon not less than ten (10) days' prior written notice from Landlord executeproposed mortgagee or purchaser, acknowledge or to Landlord, together with a true and deliver to Landlord a statement in writing correct copy of this Lease, certifying, if applicable (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, without modification, (ii) and the date to which the rent, security deposit, and other charges are paid in advanceamount, if any, of prepaid rent and security deposit paid by Tenant to Landlord, (iiiii) acknowledging that there are not, Landlord to the best of Tenant's knowledge, any uncured defaults on as of the part date of Landlord hereunderthe certificate, has performed all of its obligations due to be performed under this Lease and that there are no defenses, counterclaims, deductions or offsets outstanding, or specifying other excuses for Tenant's performance under this Lease, or stating those claimed by Tenant, and (iv) any other fact reasonably requested by Landlord or such defaults, if anyproposed mortgagee or purchaser, which are claimeddoes not modify or conflict with Tenant's rights under this Lease. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such said statement within such in time shall be conclusive upon Tenant Tenant: (ia) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (iib) that there are no uncured defaults in Landlord's performanceperformance and Tenant has no right of offset, counterclaim defenses or deduction against Rent or Landlord hereunder; and (iiic) that not no more than one (1) monthperiod's rent Rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than within ten (10) days' prior days of receipt of a written notice request from Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification modification) and certifying that this Lease, as so modified, is in full force and effect, (ii) and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (iiiii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, (or specifying such defaults, if any, which are claimed). Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises.. EXHIBIT 10.29 (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to shall deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth. Tenant's unreasonable refusal to comply with any reasonable request as provided in this Article shall be deemed a breach of this Lease by Tenant. In the event of such a breach, Tenant shall pay to Landlord al costs incurred by Landlord in Landlord's effort to obtain compliance, including attorney's fees, and all other damages resulting from the breach.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (orfor, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) effect and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer encumbrances of the Premisespremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, performance and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' days prior written notice from Landlord execute, acknowledge and deliver to Landlord a written offset statement. Such statement in writing (i) certifying shall certify that this Lease is unmodified and in full force and effect (or, or if modified, stating states the nature of such modification and certifying modifications. Such statement shall certify that this Lease, as so modified, Lease is in full force and effect) and , the date to which the rent, security deposit, deposit and other charges are paid in advance, if any, and (ii) acknowledging at all. Such statement shall acknowledge that there are not, to Tenant's knowledge, any uncured defaults on the part pert of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer encmbrancer of the Premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than then one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' years financial statements statement of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord agrees to execute, acknowledge and deliver any and all documents required to Landlord a statement in writing (i) certifying that effectuate the provisions of this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security depositArticle 9, and other charges are paid within ten (10) days after request therefor by Landlord or in advancethe event that upon any sale, if anyassignment, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, lease or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer hypothecation of the Premises. (b) Leased Premises and/or the land thereunder by Landlord, an offset statement shall be required by Tenant's failure , Tenant agrees to deliver in recordable form a certificate (if such statement within such time shall be conclusive upon Tenant (ithe case) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that effect and there are no uncured defaults in Landlord's performancedefenses or offsets thereto, or stating those claimed by Tenant, and (iii) that not more than one (1) month's rent has the dates to which rental or other sums have been paid in advance. (c) If Landlord desires , it being intended that any such statement delivered pursuant to finance this Paragraph 9.4 may be relied upon by any prospective purchaser, mortgagee, assignee or refinance the Premises, or any part thereof, beneficiary. Tenant hereby agrees to shall also deliver to any prospective institutional lender designated by Landlord such of Landlord, upon Landlord's reasonable request therefor, from time to time, Tenant's latest financial statements of Tenant and such specific subordination agreement on Lender's form as may be reasonably required by Lender. Tenant acknowledges and agrees that the promises to issue statements pursuant to this Paragraph 9.4 are a material consideration inducing Landlord to enter into this Lease, and that the breach of such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements promise shall be received by Landlord in confidence deemed a material breach of this Lease, and shall be used only for the purposes herein set forthconstitute a default hereunder.

OFFSET STATEMENT. (a) Tenant shall shall, at any time, from time upon not less than ten (10) days' prior to time and within 10 days after receipt of written notice from Landlord Landlord, execute, acknowledge and deliver to Landlord a statement in writing in a form provided by Landlord (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date dates to which the monthly minimum rent, security deposit, percentage rent and other additional rent charges are paid in advance, if any, and (ii) verifying the commencement and termination dates of this Lease, (iii) acknowledging that there are not, to the best of Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which as are claimed, and (iv) that Tenant has paid to Landlord the security deposit set forth in this Lease. Any such statement may be conclusively stated maybe relied upon by any prospective purchaser or encumbrancer encumbrance of the PremisesPremises or of all or any portion of the Shopping Center in which the Premises are situated. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, and that not more than one month's monthly minimum rent has been paid in advance, (ii) that the commencement and termination dates of this Lease are as represented by Landlord, (iii) that there are no uncured defaults in Landlord's performance, and (iiiiv) that not more than one (1) month's rent Tenant has been paid to Landlord the security deposit set forth in advancethis Lease. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' days prior written notice from Landlord Landlord, execute, acknowledge acknowledge, and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunderunder this Lease, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's months rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereofof the Premises, Tenant hereby agrees to deliver to any lender designated by Landlord such copies of any and all financial statements of Tenant filed with the Securities and Exchange Commission as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forthforth in this Lease.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' , financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (orfor, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) effect and the date to which the rent, security deposit, and other charges are paid in advance, if any, any and (iib) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer encumbrances of the Premisespremises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, performance and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security deposit, deposit and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance, and (iii) that not more than one (1) month's rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. Within 20 days after request therefor by Landlord, its agents, successors or assigns, Tenant shall deliver, in recordable form, a certificate to any proposed mortgagee or purchaser, or to Landlord, together with a true and correct copy of this Lease, certifying, if applicable: (a) Tenant shall at any time upon not less than ten (10) days' prior written notice from Landlord execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, without modification; (b) and the date to which the rent, security deposit, and other charges are paid in advanceamount, if any, of prepaid Rent and security deposit paid by Tenant to Landlord; (iic) acknowledging that Landlord, as of the date of the certificate, has performed all of its obligations due to be performed under this Lease and that there are notno defenses, to counterclaims, deductions or offsets outstanding, or other excuses for Tenant's knowledge, any uncured defaults on the part of Landlord hereunderperformance under this Lease, or specifying stating those claimed by Tenant; and (d) any other fact reasonably requested by Landlord or such defaults, if anyproposed mortgagee or purchaser, which are claimeddoes not modify or conflict with Tenant's rights under this Lease. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's failure to deliver such said statement within such in time shall be conclusive upon Tenant Tenant: (ia) that this Lease is in full force and effect, without modification except as may be represented by Landlord, ; (iib) that there are no uncured defaults in Landlord's performanceperformance and Tenant has no right of offset, counterclaim defenses or deduction against Rent or Landlord hereunder; and (iiic) that not no more than one (1) month's rent Rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than ten (10) days' ’ prior written notice from Landlord Landlord, execute, acknowledge and deliver to Landlord a statement in writing (i) certifying certify that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent, security deposit, and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Tenant's ’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer encumbrances of the Premises.. INDUSTRIAL LEASE - 10 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____ (b) Tenant's ’s failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's ’s performance, and (iii) that not more than one (1) month's ’s rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' years financial statements of Tenant. All such financial statements statement shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.

OFFSET STATEMENT. (a) Tenant shall at any time upon not less than Within ten (10) days' prior written notice from Landlord executedays after request therefor by Landlord, acknowledge its agents, successors or assigns, Tenant shall deliver, in recordable form, a certificate to any proposed mortgagee or purchaser, or to Landlord, together with a true and deliver to Landlord a statement in writing correct copy of this Lease, certifying, if applicable (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, without modification, (ii) and the date to which the rent, security deposit, and other charges are paid in advanceamount, if any, of prepaid Rent and security deposit paid by Tenant to Landlord, (iiiii) acknowledging that Landlord, as of the date of the certificate, has performed all of its obligations due to be performed under this Lease and that there are notno defenses, to Tenant's knowledgecounterclaims, any uncured defaults on the part of Landlord hereunderdeductions or offsets outstanding, or specifying other excuses for Tenant’s performance under this Lease, or stating those claimed by Tenant, and (iv) any other fact reasonably requested by Landlord or such defaults, if anyproposed mortgagee or purchaser, which are claimeddoes not modify or conflict with Tenant’s rights under this Lease. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (b) Tenant's ’s failure to deliver such said statement within such in time shall be conclusive upon Tenant Tenant: (ia) that this Lease is in full force and effect, without modification except as may be represented by Landlord, (iib) that there are no uncured defaults in Landlord's performance’s performance and Tenant has no right of offset, counterclaim defenses or deduction against Rent or Landlord hereunder; and (iiic) that not no more than one (1) month's rent ’s Rent has been paid in advance. (c) If Landlord desires to finance or refinance the Premises, or any part thereof, . The foregoing certifications by Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant as may be reasonably required by such lender. Such statements shall include the past three (3) years' financial statements of Tenant. All such financial statements shall be received by Landlord set forth on an estoppel certificate in confidence and shall be used only for substantially the purposes herein set forth.same form as the one attached hereto as Exhibit “H.”