Common use of Estoppel Certificate Clause in Contracts

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s 's business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) business days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willUpon not less than fifteen (15) days’ prior written request by Landlord, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit E or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether to Tenant’s knowledge there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Landlord hereby agrees to provide Tenant with an estoppel certificate signed by Landlord, containing the same type of information, and within the same time period, 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, rather than by Tenant to Landlord or a lender. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as purchaser of the date of Premises, provided such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameparty first executes a reasonable confidentiality agreement with Tenant.

Estoppel Certificate. Landlord and Tenant agree that each willagrees that, at any time and from time to timetime upon not less than twenty (20) days’ prior request by Landlord, within ten (10) days Landlord’s lessor or any mortgagee, Tenant or Tenant’s duly authorized representative having knowledge of the following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and facts will deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that a description of such modifications), (ii) to the same best of Tenant’s knowledge, this Lease (as modified if there were modifications) is in full force and effect and stating effect, (iii) the modifications), and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not paid; (iv) to the best of knowledge of the signer of such certificate the other party Tenant’s knowledge, that Landlord is not in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if in default, the nature thereof in detail; (v) if true, that the Premises have been delivered to Tenant by Landlord and accepted by Tenant; (vi) that there are no proceedings pending against Tenant which have been adversely decided and which would affect Tenant’s obligations under this Lease be guaranteed(or if there are such proceedings, identifying such proceedings; (vii) that Tenant has not made a claim against Landlord which has not been resolved or satisfied (or is any such claim has not been resolved or satisfied, stating such claims and its status); and (viii) such further matters as may reasonably be reasonably requested by Landlord; it being intended that any Mortgagee such statement may be relied upon by any prospective assignee of Landlord, any mortgagee or prospective mortgagee of the Building, any prospective assignee of any such mortgagee, or purchaser. The failure any prospective and/or subsequent purchaser or transferee of either party to execute, acknowledge and deliver to the other all or a statement in accordance with the provisions part of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an Landlord’s interest in the Building Property, the Office Section or the Building, or any party thereof other person having an interest therein. Tenant shall execute and deliver whatever additional instruments may reasonably be required for such purposes. Tenant’s failure to deliver any of the foregoing instruments or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date statement within twenty (20) days of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to Landlord’s request therefor in writing by Landlord, and Tenant shall still remain liable for be deemed to be an acknowledgement that the samestatements contained therein are true.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within upon not less than ten (10) days following written prior notice by Landlord, the other party hereto specifying that it is given pursuant "Superior Lessor," or the "Superior Mortgagee" (as both are herein after defined) to this SectionTenant, Tenant shall comply with, execute, acknowledge and deliver in writing addressed to such party as designated by Landlord or the Superior Lessor or the Superior Mortgagee, as the case may be (hereinafter collectively called the "Requesting Party"), certifying to the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect effect, as modified, and stating the modifications); (ii) whether the Term has commenced and Minimum Rent, and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advance, if any, and stating paid; (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Lease, and if so, Specifying specifying each such default of which the maker xxxxxx may have knowledge; (iv) whether Tenant has accepted possession of the Premises; (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim; (vi) whether there are any offsets or defenses existing against enforcement of any of the terms of this Lease upon the part of Tenant to be performed, and, if so, specifying same; (vii) either that Tenant does not know of any default in the performance of any provisions of this Lease or specifying any default of which Tenant may have knowledge and if requestedstating what action is taken or proposes to take with respect thereto; (viii) that, such financial information concerning to the best knowledge of Tenant, there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by a court or administrative agency which, if adversely decided, would materially and adversely effect the financial condition or operations of Tenant, or, if any such proceedings are pending or threatened to the best knowledge of Tenant, specifying and describing same; and (ix) such further information with respect to the Lease or the Premises as the Requesting Party may reasonably request or require, it being intended that any such statement delivered pursuant to this Lease be guaranteed) as Section 13.01 may be reasonably requested relied upon by any prospective purchaser of the Office Building or any part thereof or the interest of Landlord in any part thereof, by any prospective Superior Mortgagee or any prospective mortgagee Superior Lessor, or purchaserby any prospective assignees of such parties. The failure of either party Tenant to execute, acknowledge and deliver to the other provide a complete statement in accordance with the provisions of this Section 13.01 within said the required ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any a default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time and from time to timeno more frequently than once per year, within upon not less than ten (10) days following written business days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the lease term has commenced, Tenant is occupying the Leased Premises and is open for business, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of Tenant's knowledge of and belief there exists any default by either party in the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseclaims or offsets, if this Lease be guaranteed) as any, claimed by the Tenant, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by Landlord or a purchaser of Landlord's interest and by any Mortgagee mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or purchaserthe Property. The failure of either party Landlord agrees, no more frequently than once per year, upon not less than ten (10) business days' prior notice by Tenant, to execute, acknowledge and deliver to the other Tenant, a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, writing addressed to Tenant or other party designated by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, Tenant certifying that this Lease is unmodified and in full force and effect and that such rents (or, if there have been duly modifications, that the same is in full force and fully paid effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to an including which Rent, and other charges, if any, have been paid, that the respective due dates immediately preceding Leased Premises have been completed on or before the date of such notice certificate and shall constitutethat all conditions precedent to the Lease taking effect have been carried out, as that Tenant has accepted possession, that the lease term has commenced, Tenant is occupying the Leased Premises and is open for business, and stating whether or not to the best of Landlord's knowledge and belief there exists any default by either party in the performance of any covenant, agreement, term, provision or condition contained in this Lease, and, if so, specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by the Landlord, it being intended that any such statement delivered pursuant hereto may be relied upon by Tenant or any person entitled as aforesaid to rely upon whom Tenant may deliver such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samecertificate.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and shall from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter Txxxxx’s receipt of Landlord’s request therefor, execute, enseal, acknowledge and deliver to the party who gave such noticeLandlord, or its designateas Landlord may direct, a statement written instrument in writing recordable form (a) certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified, supplemented or amended in any way (or, if there have been modifications), supplements or amendments thereto, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments) and that this Lease (as modified, supplemented or amended, as aforesaid) represents the date entire agreement among Landlord and Tenant as to the Premises and the leasehold; (ii) the dates to which the annual Base Rent, additional rent and any other payments due charges arising hereunder from Tenant have been paid in advancepaid, (iii) the amount of any prepaid rents or credits due to Tenant, if any; and (iv) that if applicable, Tenant has entered into occupancy of the Premises; (v) the date on which the Term shall have commenced and stating the corresponding expiration date; and (b) stating, to the best knowledge of Tenant, whether or not there are defenses or offsets claimed all conditions under the Lease to be performed by Landlord prior the maker date of the such certificate have been satisfied and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is then in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and specifying, and if soany, Specifying each such default of which the maker may have knowledge unsatisfied condition and if requested, each such financial information concerning Tenant default; and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedc) as may be stating any other fact or certifying any other condition reasonably requested by Landlord or by any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Property or of any interest therein. The failure of either party In the event that Tenant shall fail to executecomplete, acknowledge execute and deliver to the other a statement in accordance with the provisions of this Section any such instrument within said ten (10) business day period shall constitute an acknowledgmentdays after Lxxxxxxx’s request therefor, by the party given such noticein addition to committing a default hereunder, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebe deemed to have irrevocably appointed Landlord or Beneficiary (if Landlord is a trustee of a land trust) as Txxxxx’s attorney-in-fact to execute and deliver any such instrument or instruments in Tenant’s name.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within ten (10) days following written upon not less than 20 days’ prior notice by the other party hereto specifying that it Landlord (and which 20-day period is given pursuant not subject to any notice and cure periods otherwise provided under this SectionLease), to execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Term has commenced, Tenant is occupying the Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and such financial information concerning other matters reasonably required by Landlord or any prospective purchaser, mortgagee or beneficiary of the Building; it being intended that any such statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord’s interest and by any mortgagee or beneficiary or prospective mortgagee or beneficiary of any mortgage or deed of trust affecting the Premises or the Building. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one month’s Base Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on 20 days’ written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteedLease, In the event Tenant fails to timely deliver any document under this Paragraph 19.02, Landlord may charge Tenant a penalty of Fifty Dollars ($50) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business for each day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease delivery is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samedelinquent.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within ten (10) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certifying: (a) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating effect); (b) the modifications), and the date dates to which the annual rent Annual Basic Rent, Additional Rent and any other payments due hereunder from Tenant have been charges are paid in advance, if any, and stating whether or not any;(c)that there are defenses not, to Tenant's knowledge, any uncured defaults on the part of Landlord under this Lease or offsets claimed by specifying such defaults if any are claimed; (d) that Tenant has paid Landlord the maker Security Deposit; (e) the Commencement Date and the scheduled expiration date of the certificate Lease Term; (f) the rights (if any) of Tenant to extend or renew this Lease or to expand the Leased Premises; and whether (g) the amount of Annual Basic Rent, Additional Rent and other charges currently payable under this Lease. In addition, such statement shall provide such other information and facts Landlord may reasonably require. Any such statement may be relied upon by any prospective or not to the best existing purchaser, ground lessee or mortgagee of knowledge all or any portion of the signer Property, as well as by any other assignee of such certificate the other party is in default in performance of any covenant agreement or condition contained Landlord's interest in this Lease, and if so, Specifying each . Tenant's failure to deliver such default of which the maker may have knowledge and if requested, statement within such financial information concerning time shall be conclusive upon Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedI) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and effect, without modification except as may be represented by Landlord; (ii) that such rents have been duly and fully there are no uncured defaults in Landlord's performance under this Lease; (iii) that Tenant has paid to an including Landlord the respective due dates immediately preceding Security Deposit; (iv) that not more than one month's installment of Annual Basic Rent or Additional Rent has been paid in advance; (v) that the Commencement Date and the scheduled expiration date of such notice and shall constitute, the Lease Term are as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained stated in the provision of statement, (vi) that Tenant has no rights to extend or renew this Section shall constitute waiver by Landlord of any default in payment of rent Lease or to expand the Leased Premises; (vii) that the Annual Basic Rent, Additional Rent and other charges existing are as of set forth in the date of such notice and, unless expressly consented to certificate; and (viii) that the other information and facts set forth in writing by Landlord, the certificate are true and Tenant shall still remain liable for the samecorrect.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge therefor, at any time and from time to time, within ten thirty (1030) days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such noticeLandlord a written estoppel certificate, in reasonable form, certifying to Landlord, any mortgagee, or its designateany purchaser of the Shopping Center or any other person designated by Landlord, a statement as of the date of such estoppel certificate: (i) that Tenant is in writing certifying possession of the Leased Premises and has unconditionally accepted the same; (ii) that this Lease is unmodified and in full force and effect (or if there have has been modificationsmodification, that the same is in full force and effect as modified and stating the setting forth such modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating ; (iii) whether or not there are then existing any set-offs or defenses against the enforcement of any right or offsets claimed by remedy of Landlord, or any duty or obligation of Tenant, hereunder (and, if so, specifying the maker of same in detail); (iv) that Rent is paid currently without any offset or defense thereto, (v) the certificate and dates, if any, to which any Rent has been paid in advance; (vi) whether or not to the best there is then existing any claim of knowledge of the signer of such certificate the other party is in Landlord's default in performance of any covenant agreement or condition contained in under this Lease, Lease and if so, Specifying each such default specifying the same in detail; (vii) that Tenant has no knowledge of which any event having occurred that authorized the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor termination of this LeaseLease by Tenant (or if Tenant has such knowledge, if specifying the same in detail); and (viii) any other matters relating to the status of this Lease that Landlord or its mortgagee may request be guaranteedconfirmed, provided that such facts are accurate and ascertainable. Landlord shall, within thirty (30) as may be reasonably requested by days after written request from Tenant, no more often than once in any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeLease Year and provided Tenant is not then in default hereunder, acknowledge and deliver to the other Tenant or such persons as Tenant may designate, a statement in accordance with writing certifying to the provisions extent true that: (i) Tenant is in possession of this Section within said ten the Leased Premises; (10ii) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect (as later modified, if such be the case); (iii) the Rent due hereunder is current; and (iv) that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date best of such notice; providedLandlord's knowledge, however that nothing contained information and belief, Tenant is not in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each will, shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent and any other payments due hereunder from Tenant have Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default of which the maker default, and such other facts as Landlord may have knowledge and if requestedreasonably request, it being intended that any such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as statement delivered pursuant hereto may be reasonably requested relied upon by any prospective purchaser of the Building or of any interest of Landlord therein, any Mortgagee or prospective mortgagee Mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure of either party Landlord shall at any time and from time to time upon not less than ten (10) business days’ prior notice from Tenant execute, acknowledge and deliver to the other Tenant a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, writing certifying that this Lease is unmodified and in full force and effect and that such rents (or if there have been duly modifications, that the same is in full force and fully effect as modified and stating the modifications), and the dates to which Rent has been paid in advance, if any, stating whether or not, to an including the respective due dates immediately preceding knowledge of Landlord, Tenant is in default in performance of any covenant, agreement, term, provision or condition contained in this Lease and, if so, specifying each such default, and such other facts as Tenant may reasonably request, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective Transferee, or any lender or prospective lender of any Tenant. Time is of the date essence with respect to any such requested certificate, the parties hereby acknowledging the importance of such notice certificates in mortgage financing arrangements, prospective sales and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver the like. In the case of any defaults which may exist prior to discrepancy between the date of such notice; providedLease and the Estoppel Certificate, however that nothing contained in the provision of this Section Lease shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samegovern.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice [_________] Business Days after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual rent and any amounts of fixed rent, additional rent, or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to any then presently accrued credits or offsets claimed by against rent, and, if so, the maker reasons therefor and the amount thereof, (e) that to Tenant's actual knowledge (without investigation) it is not in default in the performance of any of its obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default, (f) whether or not, to the actual knowledge (without investigation) of the certificate and whether or not to the best person certifying on behalf of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each such default of which specifying the maker may have knowledge and if requestedsame, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseg) whether or not, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance actual knowledge (without investigation) of such person, any event has occurred which with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date giving of such notice or passage of time, or both would constitute such a default, and, if so, specifying each such event, and shall constitute(h) whether or not, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date actual knowledge (without investigation) of such notice; providedperson, however Tenant has any then presently accrued claims, defenses or counterclaims against Landlord under the Lease, and, if so, specifying the same, it being intended that nothing contained any such statement delivered pursuant hereto shall be deemed a certification by Tenant to be relied upon by Lender and by others with whom Lender may be dealing. Tenant also shall include in any such statement such other information concerning the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as status of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease as Lender may reasonably request.

Estoppel Certificate. Tenant shall, whenever requested by Landlord and Tenant agree that each will, at any time and from time to time, within ten thirty (1030) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certifying: (a) that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating effect); (b) the modifications), and the date dates to which the annual rent Annual Basic Rent, Additional Rent and any other payments due hereunder from Tenant have been charges are paid in advance, if any, and stating whether or not ; (c) that there are defenses not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder or offsets claimed by specifying such defaults if any are claimed; (d) that Tenant has paid Landlord the maker Security Deposit, (e) the Commencement Date and the scheduled expiration date of the certificate Lease Term, (f) the rights (if any) of Tenant to extend or renew this Lease or to expand the Leased Premises and whether (g) the amount of Annual Basic Rent, Additional Rent and other charges currently payable under this Lease. In addition, such statement shall provide such other information and facts Landlord may reasonably require. Any such statement may be relied upon by any prospective or not to the best existing purchaser, ground lessee or mortgagee of knowledge all or any portion of the signer Property, as well as by any other assignee of such certificate the other party is in default in performance of any covenant agreement or condition contained Landlord’s interest in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and . Tenant’s business operations failure to deliver such statement within such time shall be conclusive upon Tenant (and the Guarantor of this Lease, if i) that this Lease be guaranteed) is in full force and effect, without modification except as may be reasonably represented by Landlord (ii) that there are no uncured defaults in Landlord’s performance hereunder; (iii) that Tenant has paid to Landlord the Security Deposit; (iv) that not more than one month’s installment of Annual Basic Rent or Additional Rent has been paid in advance; (v) that the Commencement Date and the scheduled expiration date of the Lease Term are as stated therein, (vii) that the Annual Basic Rent, Additional Rent and other charges are as set forth therein and (viii) that the other information and facts set forth therein are true and correct. Landlord shall, whenever requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to Tenant within thirty (30) days after written request by Tenant, execute, acknowledge and deliver to the other Tenant a statement in accordance with the provisions of this Section within said ten writing certifying: (10a) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect effect, (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect); (b) the dates to which Annual Basic Rent, Additional Rent and other charges are paid in advance, if any; (c) that there are not, to Landlord’s knowledge, any uncured defaults on the part of Landlord hereunder or specifying such rents have been duly defaults if any are claimed; (d) the Commencement Date and fully paid to an including the respective due dates immediately preceding the scheduled expiration date of such notice the Lease Term, and shall constitute(e) the amount of Annual Basic Rent, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or Additional Rent and other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samecurrently payable under this Lease.

Estoppel Certificate. Within ten (10) business days of a written -------------------- request from Landlord, Tenant shall execute estoppel certificates addressed to (i) any mortgagee or prospective mortgagee of Landlord or, (ii) any purchaser or prospective purchaser of all or any portion of, or interest in, the Project, on a form specified by Landlord, certifying as to such facts (if true) and agreeing to such notice provisions and other matters as such mortgagee(s) or purchaser(s) may reasonably require; provided, however, that in no event shall any such estoppel certificate require an amendment of the provisions hereof, although Tenant agree shall be bound by the statements made in such certificate. In the event that each will, at any time and from time Tenant fails or refuses to time, deliver such an estoppel certificate to Landlord within ten (10) days following of a written request from Landlord, then Landlord may give to Tenant a second notice, reiterating the request that Tenant execute an estoppel certificate in the form specified by Landlord and stating that, if Tenant fails to do so within five (5) days of the receipt by Tenant of such second notice from Landlord, Tenant shall be deemed to be bound by the other party hereto specifying statements set forth in the form of certificate which Landlord requested that it is given pursuant Tenant deliver. In the event that Tenant fails to this Section, execute, acknowledge and deliver to an estoppel certificate in the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect form specified by Landlord within five (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker 5) days of the certificate and whether or not receipt by Tenant of such second notice from Landlord, Tenant shall conclusively be deemed, without exception, to have acknowledged the best of knowledge correctness of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest statements set forth in the Building or any party thereof or the Premises or this Lease from or through the other party, form of certificate which Landlord requested that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by LandlordTenant deliver, and Tenant shall still remain liable be estopped from denying the correctness of each such statement, such that a mortgage or purchaser may rely on the correctness of the statements in such form of certificate, as if made and certified by Tenant. A failure by Tenant to deliver an estoppel certificate in the form specified by Landlord within fifteen (15) business days of the receipt by Tenant of an initial request from Landlord for the samesuch certificate shall also constitute a material breach of this Lease by Tenant.

Estoppel Certificate. Landlord and Tenant agree Lessee agrees that each it will, at any time and from time to time, within ten (10) Business days following written notice by the other party hereto Lessor specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lessor a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Minimum Base Rent, Percentage Rent and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate Lessee and whether or not to the best of knowledge of the signer of such certificate the other party Lessee, Lessor is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker Lessee may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either party Lessee to execute, acknowledge and deliver to the other Lessor a statement in accordance with the provisions of this Section within said ten (10) business Business day period shall constitute an acknowledgment, Event of Default hereunder and shall also constitute an acknowledgment by the party given such noticeLessee, which may be relied on by any person holding or proposing to acquire an interest in the Building Property or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord Lessor of any default in payment of rent Rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by LandlordLessor and, and Tenant Lessee shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willagree, at any time and from time to time, within ten (10) days following days’ of written notice request by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such noticeparty, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect mortgagee (or if there have been modifications, that the same is in full force and effect and stating the modifications“Requesting Party”), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other Requesting Party a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, writing certifying: that this Lease is unmodified and presently in full force and effect and unmodified except as may be indicated, with a true and correct copy of the Lease and any and all amendments and side agreements, if any, attached; the commencement and expiration dates of the Term; that such rents the Tenant has accepted possession of the Premises except as may be indicated, any improvements required by the terms of this Lease to be made by the Landlord have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior completed to the satisfaction of the Tenant except as may be indicated; that no rent under the Lease has been paid more than thirty (30) days in advance of its due date of such notice(except for security deposits, if any, in a specified amount); provided, however that nothing contained the addresses for notices to be sent to the Landlord and Tenant are as set forth in the provision of this Section shall constitute waiver by Landlord of any default Lease or as specified in payment of rent or other charges existing such certificate; that the Tenant as of the date of executing the certificate has no charge, lien or claim of offset under the Lease, or otherwise, against rents or other charges due or to become due thereunder except as may be indicated; that the Requesting Party is not in default of its obligations under this Lease, except as may be indicated; and as to such other information as the Requesting Party’s lender, prospective lender, purchaser or prospective purchaser may reasonably require. In addition, in the event the Tenant receives written notice andfrom the Landlord and the holder of a mortgage, unless expressly consented to in writing by Landlordor ground lease on the Property so requesting, and the Tenant shall still remain liable enter into a written agreement with the holder of such mortgage, or ground lease containing such provisions as the holder shall reasonably require, including, without limitation, provisions that: (1) the Tenant will not pay any rent under the Lease more than thirty (30) days in advance of its due date (except for security deposits); (2) Tenant will not enter into or consent to the samemodification of any of the terms of this Lease nor to the termination thereof by the Landlord without the mortgagee’s or ground lessor’s prior written consent; and (3) Tenant will not seek to terminate this Lease by reason of any act or omission of the Landlord until the Tenant shall have given written notice of such act or omission to the holder of such mortgage, or ground lease (at such holder’s last address furnished the Tenant) and until a reasonable period of time shall have elapsed following the giving of such notice, but in no event less than thirty (30) days, during which period such holder shall have the right, but shall not be obligated to remedy such act or omission.

Estoppel Certificate. Landlord and Tenant agree that each will, Either party shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by to the other party hereto specifying that it is given pursuant to this Section(the “Requesting Party”), execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent Yearly Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default and such other facts as the Requesting Party may reasonably request and which are customarily included in estoppels certificates, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (Building or of the Building and the Guarantor land or of this Leaseany interest of Landlord therein, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of either party the essence in respect of any such requested certificate, both parties hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If Tenant fails to execute, acknowledge so execute and deliver to the other a statement in accordance with the provisions of this Section such estoppel certificate within said such ten (10) business day period period, then Landlord shall constitute an acknowledgmentbe entitled to send Tenant a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if Tenant fails to execute and deliver such estoppel certificate within three (3) days after the party given such noticeSecond Notice, which may be relied on by any person holding or proposing then Tenant shall pay to acquire an interest Landlord a fee in the Building or any party thereof or amount of Five Hundred and 00/100 Dollars ($500.00) per day for each day beyond the Premises or this Lease from or through third (3rd) day after the Second Notice that Xxxxxx fails to execute and deliver such estoppel certificate. Such fee shall be in addition to Xxxxxxxx’s other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameremedies hereunder.

Estoppel Certificate. Landlord and Tenant agree Each party agrees that each it will, at any time and from time to time, within ten (10) business days following written notice by the other requesting party hereto specifying that it is given pursuant to this Sectionsection, execute, acknowledge and deliver to the requesting party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Base Rent, Percentage Rent and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate certifying party and whether or not to the best of knowledge of certifying party, the signer of such certificate the other requesting party is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker certifying party may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either the certifying party to execute, acknowledge and deliver to the other requesting party a statement in accordance with the provisions of this Section within said ten (10) business day period period, shall constitute an acknowledgment, acknowledgment by the party given such noticecertifying party, which may be relied on by any person holding or proposing to acquire an interest in the Building Premises or any party thereof or the Premises or this Lease from or through the other partythereof, that this Lease is unmodified and in full force and effect and that such rents all Rent and dues have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice notice, and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord requesting party of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordrequesting party and, and Tenant certifying party shall still remain liable for the same. There will be a two hundred fifty dollar ($250.00) regulatory fee per Section 166.221, Florida Statutes for each request made of Lessor for each Estoppel Certificate Requested, payment in full shall be made at the time of the request. No certificate shall be issued without payment of the fee.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Upon not less than ten (10) days following business days’ prior written notice request by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing writing, which may be in the form attached hereto as Exhibit G or in another form reasonably similar thereto, or such other form as Landlord may provide from time to time, certifying all or any of the following: (i) that this Lease is unmodified and in full force and effect effect, (or ii) whether the term has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if there so, the dates to which they have been modificationspaid, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor terms of this Lease, if (iv) whether Tenant has accepted possession of the Premises, (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim, (vi) whether there exist any offsets or defenses against enforcement of any of the terms of this Lease upon the part of Tenant to be guaranteedperformed, and (vii) such further information with respect to the Lease or the Premises as Landlord may reasonably request. Any such statement delivered pursuant to this subsection 6.1.11 may be relied upon by any prospective purchaser or mortgagee of the Premises, or any prospective assignee of such mortgage. Tenant shall also deliver to Landlord such financial information as may be reasonably requested required by Landlord to be provided to any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Premises. The If Tenant fails to deliver the estoppel certificate within the required time period, and such failure continues for an additional five (5) days following a second written request from Landlord, then Tenant shall be obligated to pay to Landlord, as Additional Rent within twenty (20) days of either party to executedemand, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest fee in the Building or any party thereof or amount of $500.00 per day for each day that Tenant fails to deliver the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained requested estoppel in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as period beginning on the day after the expiration of the date of such notice and, unless expressly consented to in writing by Landlordinitial 10-day period, and ending on the day Tenant shall still remain liable for actually delivers the sameestoppel.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge therefor, at any time and from time to time, within ten thirty (1030) days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such noticeLandlord a written estoppel certificate, in reasonable form, certifying to Landlord, any mortgagee, or its designateany purchaser of the Shopping Center or any other person designated by Landlord, a statement as of the date of such estoppel certificate: (i) that Tenant is in writing certifying possession of the Leased Premises and has unconditionally accepted the same; (ii) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the setting forth such modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating ; (iii) whether or not there are then existing any set-offs or defenses against the enforcement of any right or offsets claimed by remedy of Landlord, or any duty or obligation of Tenant, hereunder (and, if so, specifying the maker of same in detail); (iv) that rent is paid currently without any offset or defense thereto, (v) the certificate and dates, if any, to which any rent has been paid in advance; (vi) whether or not to the best there is then existing any claim of knowledge of the signer of such certificate the other party is in Landlord's default in performance of any covenant agreement or condition contained in under this Lease, Lease and if so, Specifying each such default specifying the same in detail; and (vii) that Tenant has no knowledge of which any event having occurred that authorized the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor termination of this LeaseLease by Tenant or if Tenant has such knowledge, if specifying the same in detail); and (viii) any other matters relating to the status of this Lease that Landlord or its mortgagee may request to be guaranteedconfirmed, provided that such facts are accurate and ascertainable. Landlord shall, within thirty (30) as may be reasonably requested by days after written request from Tenant, no more often than once in any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeyear, acknowledge and provided Tenant is not then in default hereunder, deliver to the other Tenant, or such persons as Tenant may designate, a statement in accordance with writing certifying to the provisions extent true that: (i) Tenant is in possession of this Section within said ten the Leased Premises; (10ii) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect (as later modified, if such be the case); (iii) the rentals due hereunder are current; and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute(iv) that, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date best of such notice; providedLandlord's knowledge, however that nothing contained information and belief, Tenant is not in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice Business Days after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual rent and any amounts of fixed rent, additional rent, or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to any then presently accrued credits or offsets claimed by against rent, and, if so, the maker reasons therefor and the amount thereof, (e) that to Tenant’s actual knowledge (without investigation) it is not in default in the performance of any of its obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default or, if so, specifying the nature of such default, (f) whether or not, to the actual knowledge (without investigation) of the certificate and whether or not to the best person certifying on behalf of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each specifying the same, and (g) whether or not, to the actual knowledge (without investigation) of such default of which person, Tenant has any then presently accrued claims, defenses or counterclaims against Landlord under the maker Lease, and, if so, specifying the same, it being intended that any such statement delivered pursuant hereto shall be deemed a certification by Tenant to be relied upon by Lender and by others with whom Lender may have knowledge and if requested, be dealing. Tenant also shall include in any such financial statement such other information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as status of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease as Lender may reasonably request.

Estoppel Certificate. Landlord and Tenant agree that each willagrees periodically, at any time and from time but not more than two (2) times per year, to time, furnish within ten twenty (1020) days following after written notice request by Landlord or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, execute, acknowledge and deliver to mortgage or security agreement covering the party who gave such notice, Project or its designateany interest of Landlord therein, a statement in writing certificate signed by a Tenant certifying (a) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date through which Monthly Rental has been paid, (c) that Tenant has accepted possession of the Premises and that any improvements required by the terms of this Lease to which the annual rent and any other payments due hereunder from Tenant be made by Landlord have been completed to the satisfaction of Tenant, or if Tenant has not accepted or if Landlord’s work is not complete, stating same, (d) that except as stated in the certificate no Rent has been paid more than thirty (30) days in advanceadvance of its due date, if any(e) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate), and stating whether or not there are defenses or offsets claimed by (f) that except as stated in the maker certificate, Tenant, as of the certificate and whether or not date of such certificate, has, to the best of knowledge Tenant’s current actual knowledge, no charge, lien, or claim of offset against Rent due or to become due, (g) that except as stated in the signer certificate. Landlord is not then, to the best of such certificate the other party is Tenant’s current actual knowledge, in default in performance of any covenant agreement or condition contained in under this Lease, and if so(h) that there are no renewal or extension options, Specifying each such default purchase options, rights of which first refusal or the maker may have knowledge and if requested, such financial information concerning like in favor of Tenant and Tenant’s business operations (and the Guarantor of this Lease, if except as set forth in this Lease be guaranteedand (i) as to such other matters as may be reasonably requested by Landlord or the holder of any Mortgagee such deed of trust, mortgage or prospective mortgagee or purchasersecurity agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by any person holding or proposing to acquire an interest in the Building ground lessor, prospective purchaser, secured party, mortgagee or any party beneficiary under any mortgage, deed of trust on the Project or any part thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date interest of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametherein.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within ten upon thirty (1030) days following prior written notice by the other party hereto specifying that it is given pursuant to this Sectionrequest of Landlord, execute, acknowledge and deliver to the party who gave such notice, Landlord or its designatedesignee a written statement stating, a statement in writing certifying to the reasonable knowledge of Tenant as of the date made: (a) the date this Lease was executed; (b) the Commencement Date and the Expiration Date; (c) the monthly installment amount of Annual Base Rent and other Additional Rents or payments due hereunder and the date to which all such rent has been paid; (d) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications)has not been assigned, and modified, supplemented or amended in any way (or specifying the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance terms of any covenant agreement so affecting this Lease); (e) that this Lease represents the entire agreement between the parties as to this lease transaction (or condition contained in identifying those other documents which, together with this Lease, and if so, Specifying each such default form the entire agreement between the parties as to this lease transaction); (f) that all required contributions by Landlord to Tenant on account of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents improvements have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults received (or specifying those required contributions which may exist prior to the date of such noticeLandlord has not made); provided, however (g) that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice the statement there are no existing defenses or offsets which Tenant has against the enforcement of this Lease by Landlord except as set out by Tenant; (h) that no Annual Base Rent has been paid for more than one (1) month in advance except as set out by Tenant; (i) that no security has been deposited with Landlord; and, unless expressly consented (i) any other information or facts requesting party may require, whether to issue a loan, complete a purchase or other transaction. Any such statement may be relied upon by a prospective purchaser or mortgagee of Landlord’s interest in writing the Premises. Landlord shall, upon thirty (30) days prior written request by LandlordXxxxxx, deliver to Tenant or its designee an estoppel certificate, in the substance and Tenant shall still remain liable for form described above, describing the samestatus of this Lease and any ground lease, underlying lease or mortgage encumbering the Premises.

Estoppel Certificate. Landlord At least two (2) business days prior to the Close of Escrow (the “Estoppel Delivery Date”) and Tenant agree as a condition to Buyer’s obligation to proceed to the Close of Escrow, Seller shall deliver to Buyer an executed Estoppel Certificate (the “Estoppel”) from Hanesbrands, Inc. (the “Lessee”), being the tenant under those leases more particularly described in Exhibit “F” attached hereto and made a part hereof (all such documents being referred to herein as the “Leases”). The Estoppel, as executed by Lessee and delivered to Seller, shall be in the form attached hereto as Exhibit “G” without modification or disclosure of any adverse facts or matters. Prior to the expiration of the Contingency Period, Buyer may request that Seller obtain additional estoppel certificates from such other third parties, as applicable, as Buyer may reasonably require (such as owners’ associations); provided, however, obtaining such additional estoppel certificates shall not be a condition to Buyer’s obligation to proceed to the Close of Escrow, nor shall any failure by Seller to so obtain the Estoppel nor any additional estoppel certificates constitute a breach by Seller under the terms of this Agreement. Notwithstanding the foregoing, if Seller has not delivered to Buyer an executed Estoppel by the Estoppel Delivery Date, in order for Seller to obtain and deliver to Buyer the executed Estoppel prior to the Close of Escrow, Buyer and Seller shall each willhave the one-time right, at any time and from time to time, within ten (10) days following by delivering written notice by to the other party hereto specifying that it is given pursuant prior to this Section5:00 p.m. Pacific time, executeon the Estoppel Delivery Date, acknowledge and deliver to extend the party who gave such noticeEstoppel Delivery Date until the earlier of (i) the date by which Seller delivers to Buyer the executed Estoppel, or its designate(ii) fifteen (15) days after the Estoppel Delivery Date. If as a result of such extension, the Estoppel Delivery Date would be a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modificationsdate later than the Closing Date, that the same is in full force and effect and stating the modifications), and Closing Date shall also be extended to be the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations two (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (102) business day period shall constitute an acknowledgment, by days following the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameextended Estoppel Delivery Date.

Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant agree that each will, shall at the request of Landlord at any time and from time to time, within time upon not less than ten (10) days following days’ prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to the party who gave such noticeother, or for the Tenant to its designateauditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord’s mortgagee, auditors or a prospective purchaser of the Project or any part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant’s or Landlord’s knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, and Additional Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the annual rent Demised Premises and such other matters as may be reasonably requested. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other payments due person to whom it is delivered. The failure to deliver such statement within the time required hereunder from Tenant have shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (1) month’s Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease nonperforming party shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease estopped from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of asserting any defaults which may exist prior known to the date of such notice; provided, however it at that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) business days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, Either party shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by to the other party hereto specifying that it is given pursuant to this Section(the “Requesting Party”), execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent Yearly Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default and such other facts as the Requesting Party may reasonably request and which are customarily included in estoppels certificates, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (Building or of the Building and the Guarantor land or of this Leaseany interest of Landlord therein, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of either party the essence in respect of any such requested certificate, both parties hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If Tenant fails to execute, acknowledge so execute and deliver to the other a statement in accordance with the provisions of this Section such estoppel certificate within said such ten (10) business day period period, then Landlord shall constitute an acknowledgmentbe entitled to send Tenant a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if Tenant fails to execute and deliver such estoppel certificate within three (3) days after the party given such noticeSecond Notice, which may be relied on by any person holding or proposing then Tenant shall pay to acquire an interest Landlord a fee in the Building or any party thereof or amount of Five Hundred and 00/100 Dollars ($500.00) per day for each day beyond the Premises or this Lease from or through third (3rd) day after the Second Notice that Txxxxx fails to execute and deliver such estoppel certificate. Such fee shall be in addition to Lxxxxxxx’s other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameremedies hereunder.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within ten Tenant shall, promptly and in no event later than twenty (1020) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter a request from Landlord or any Lender or mortgagee of Landlord, execute, acknowledge and deliver to Landlord or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Landlord, certifying: (a) that Tenant has accepted the Property; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Rentals have been paid in advance, if any, under this Lease and stating the amount thereof then payable; (e) whether or not there are defenses or offsets claimed then any existing defaults by Landlord in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Tenant of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Tenant; (h) that neither Landlord nor any Lender or mortgagee has actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operation of the Property, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Landlord or any Mortgagee Lender or prospective mortgagee mortgagee, as the case may be. If Tenant shall fail or purchaser. The failure of either party refuse to execute, acknowledge and deliver to the other sign a statement certificate in accordance with the provisions of this Section 9.05 within said ten twenty (1020) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing days following a request by Landlord, Tenant irrevocably constitutes and Tenant shall still remain liable for appoints Landlord as its attorney-in-fact to execute and deliver the samecertificate to any such third party, it being stipulated that such power of attorney is coupled with an interest and is irrevocable and binding.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) days following written notice [ ] Business Days after request by the other party hereto specifying that it is given pursuant to this SectionLender, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual rent and any amounts of fixed rent, additional rent, or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to any then presently accrued credits or offsets claimed by against rent, and, if so, the maker reasons therefor and the amount thereof, (e) that to Tenant’s actual knowledge (without investigation) it is not in default in the performance of any of its obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default, (f) whether or not, to the actual knowledge (without investigation) of the certificate and whether or not to the best person certifying on behalf of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each such default of which specifying the maker may have knowledge and if requestedsame, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseg) whether or not, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance actual knowledge (without investigation) of such person, any event has occurred which with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date giving of such notice or passage of time, or both would constitute such a default, and, if so, specifying each such event, and shall constitute(h) whether or not, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date actual knowledge (without investigation) of such notice; providedperson, however Tenant has any then presently accrued claims, defenses or counterclaims against Landlord under the Lease, and, if so, specifying the same, it being intended that nothing contained any such statement delivered pursuant hereto shall be deemed a certification by Tenant to be relied upon by Lender and by others with whom Lender may be dealing. Tenant also shall include in any such statement such other information concerning the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as status of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease as Lender may reasonably request.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to time, time within ten (10) days following of written notice by request received from Landlord, or the holder of any First Mortgage, Tenant (or any permitted assignee, subtenant, licensee, concessionaire or other party hereto specifying that it is given pursuant to this Sectionoccupant of the Premises claiming by, execute, acknowledge and through or under Tenant) will deliver to Landlord or to the party who gave such notice, or its designateholder of any First Mortgage, a statement in writing signed by Tenant (and/or such other party) certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same this Lease as modified is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or paid; (c) that Landlord is not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if this Lease be guaranteedin default, the nature thereof in detail; (d) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to that the other a statement Premises have been completed in accordance with the provisions terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; ( e) that there has been no prepayment of Rent other than that provided for in this Section within said ten Lease; (10f) business day period shall constitute an acknowledgmentthat there are no actions, by whether voluntary or involuntary, pending against Tenant under the party given bankruptcy laws of the United States or any State thereof; and (g) such notice, which other matters as may be relied on required by any person holding or proposing to acquire an interest in the Building or any party thereof Landlord or the Premises or this Lease holder of the First Mortgage. Landlord agrees that from or through the other partytime to time within twenty (20) days of written request received from Tenant, Landlord will deliver to Tenant, a statement in writing signed by Landlord certifying (i) that this Lease is unmodified and in full force and effect and that such rents (or if there have been duly modifications, that this Lease as modified is in full force and fully paid to an including effect and identifying the respective due dates immediately preceding modifications); (ii) the date of such notice upon which Tenant began paying Rent and shall constitute, as the dates to which Rent and other charges have been paid; (iii) that Tenant is not in default under any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver Lease, or, if in default, the nature thereof in detail; (iv) that there has been no prepayment of Rent other than that provided for in this Lease; and (v) such other matters as may be required by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Each of Landlord and Tenant agree that each will, shall at any time and from time to time, within time upon not less than ten (10) days following written business days’ prior notice by from the other party hereto specifying that it is given pursuant to this Section(the “Requesting Party”), execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent Yearly Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Requesting Party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default and such other facts as the Requesting Party may reasonably request, it being intended that any such statement delivered pursuant hereto may be relied upon by any prospective purchaser of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (Building or of the Building and the Guarantor land or of this Leaseany interest of Landlord therein or of any interest in Tenant, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee mortgagee or prospective mortgagee thereof, any lessor or purchaserprospective lessor thereof, any lessee or prospective lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of the essence in respect of any such requested certificate, each party hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sale and the like. If either party of Landlord or Tenant fails to execute, acknowledge so execute and deliver to the other a statement in accordance with the provisions of this Section such estoppel certificate within said such ten (10) business day period period, then the requesting party shall constitute an acknowledgmentbe entitled to send the other party a second notice requesting such execution and delivery of such estoppel certificate (“Second Notice”), by and if the other party given fails to execute and deliver such noticeestoppel certificate within three (3) days after the Second Notice, which may then such failure shall be relied on by any person holding or proposing deemed to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through be a default of the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including ’s obligations under the respective due dates immediately preceding the date Lease. The provisions of such notice and Section 26(d) shall constitute, as not apply to any person entitled as aforesaid default pursuant to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same17.5.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within upon not less than ten (10) days following days’ prior written notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing (the “Estoppel Certificate”) certifying the following information, (but not limited to the following information in the event further information is requested by Landlord): (i) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as modified, is in full force and effect and stating effect); (ii) the modifications), and the date dates to which the annual rent rental and any other payments due hereunder from Tenant have been charges are paid in advance, if any; (iii) the amount of Tenant’s security deposit, if any; and (iv) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, and stating whether no events or not there conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults, events or conditions, if any are defenses claimed. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or offsets claimed by the maker encumbrancer of all or any portion of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Real Property. Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgmentadmission by Tenant that all statements contained therein are true and correct. Furthermore, if Tenant fails to timely deliver an Estoppel Certificate to Landlord pursuant to the terms of this Article 25, then without limiting any other rights and remedies of Landlord, Landlord shall have the right to charge Tenant an amount equal to $500 per day for each day thereafter until Tenant delivers to Landlord an Estoppel Certificate pursuant to the terms hereof. Tenant acknowledges and agrees that (A) such charge compensates Landlord for the administrative costs caused by the party given delinquency, and (B) Landlord’s damage would be difficult to compute and the amount stated in this paragraph represents a reasonable estimate of such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified damage. Tenant hereby irrevocably appoints Landlord as Tenant’s attorney-in-fact and in full force Tenant’s name, place and effect stead to execute any and that such rents have been duly and fully paid all documents described in this Article 25 if Tenant fails to an including do so within the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samespecified time period.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to time, within ten twenty (1020) days following after receipt of written notice by request from the other party hereto specifying that it is given pursuant to this SectionLandlord or any Mortgagee, execute, acknowledge and deliver deliver, without charge, to the party who gave such noticeLandlord, the Mortgagee or its designateany other person designated, a statement in writing certifying certifying: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that identifying the same is in full force and effect and stating the modifications), and by the date thereof and specifying the nature thereof); (ii) that, to the knowledge of the Tenant, there exist no defaults (or if there be any defaults, specifying the same); (iii) the amount of the Basic Rent, the dates to which the annual rent Basic Rent, Additional Rent and any other payments due sums and charges payable hereunder from Tenant have been paid in advancepaid; (iv) that, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate Tenant, there exist no claims against the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which Landlord except for the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if continuing obligations under this Lease be guaranteed(or if the certifying party has any such claims, specifying the same); and (v) such other matters as the requesting party or the Mortgagee may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserrequest. The failure Landlord shall, from time to time, within twenty (20) days after receipt of either party to written request from Tenant, execute, acknowledge and deliver deliver, without charge, to the Tenant or any other person designated, a statement in accordance with the provisions of this Section within said ten writing certifying: (10i) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents (or if there have been duly and fully paid to an including modifications, identifying the respective due dates immediately preceding same by the date of such notice thereof and shall constitutespecifying the nature thereof); (ii) that, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date knowledge of such noticeLandlord, there exist no defaults (or if there be any defaults, specifying the same); provided, however that nothing contained in (iii) the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as amount of the date Basic Rent, the dates to which the Basic Rent, Additional Rent and other sums and charges payable hereunder have been paid; (iv) that, to the knowledge of such notice and, unless expressly consented to in writing by the Landlord, and there exist no claims against the Tenant shall still remain liable except for the continuing obligations under this Lease (or if the certifying party has any such claims, specifying the same); and (v) such other matters as the requesting party may reasonably request.

Estoppel Certificate. Landlord and Tenant agree that each willEach party ("Certifying Party") shall, at any time and from time to time, within but not more frequently than twice in any twelve (12) month period, upon not less than ten (10) days following written business days' prior notice by the other party hereto specifying that it is given pursuant to this Section, ("Requesting Party") execute, acknowledge and deliver to the party who gave such notice, or its designate, Requesting Party a statement in writing writing, certifying (a) that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, that the same is in full force and effect and stating the modifications), ; (b) the amount of monthly Minimum Rent and the increases in Additional Lease Charges payable monthly by Tenant and the date to which the annual rent and any other payments due hereunder from Tenant these components of Rent have been paid in advance; (c) the amount of any security deposited with Landlord; (d) the Commencement Date and the last date of the Term and the number and duration of option periods, if any, and stating ; (e) whether or not there are then existing any defenses or offsets claimed by against the maker enforcement of any of the certificate and obligations of Tenant under this Lease (and, if so, specifying same); (f) whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in this Leasehereunder (and, and if so, Specifying each specifying same); and (g) such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by any Mortgagee the Requesting Party. Any prospective purchaser, ground lessor, lender, or prospective mortgagee or purchaser. The failure of either other interested party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver on the truth of any defaults which may exist prior to all of the date of such notice; provided, however that nothing matters contained in such statement; however, the provision of Certifying Party may provide in any such certificate that it shall have no liability for any misstatement contained therein. Failure to comply with this Section shall constitute waiver be a material breach of this Lease by Landlord the Certifying Party and in addition to all of any default in payment the other rights and remedies hereunder, the Requesting Party shall have the right to collect from the Certifying Party all damages caused by the loss of rent a loan, sale, or other charges existing as of the date of such notice and, unless expressly consented transaction which may result from said party's failure to in writing by Landlord, and Tenant shall still remain liable for the samecomply with this Section 16.3.

Estoppel Certificate. Landlord and Tenant agree that each willthat, at any time and from time to time, within ten on or before five (105) days following after written notice request by the other party hereto specifying that it is given pursuant party, to this Section, execute, acknowledge and deliver to the requesting party who gave such notice, and the requesting party's lender or its designate, a statement in writing purchaser an estoppel certificate certifying (to the extent it believes the same to be true) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified, and stating the modifications), and that there have been no defaults thereunder by Landlord or Tenant (or if there have been defaults, setting forth the nature thereof), the date to which the annual rent and any other payments due hereunder from Tenant charges have been paid in advancepaid, if any, that Tenant claims no present charge, lien, claim or offset against rent, the rent is not prepaid for more than one month in advance and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) matters as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, required by the party given requesting party, its lender or mortgagee, or any potential purchaser of the Building or Tenant's leasehold estate, it being intended that any such notice, which statement delivered pursuant to this Paragraph may be relied on upon by any person holding prospective purchaser of all or proposing any portion of Landlord's interest herein, or a holder of any mortgage or deed of trust encumbering any portion of the Building Complex or the leasehold estate of Tenant. Landlord's or Tenant's failure or refusal to acquire deliver such statement within such time shall be a default under this Lease. Notwithstanding the foregoing, in the event that Tenant does not execute the statement required by this Paragraph within 10 business days of written request, then, so long as such failure or delay is not due to Tenant's refusal to include additional matters that are not reasonable, or the requesting party's refusal to permit disclosure by Tenant of exceptions to such statement, Tenant hereby grants to Landlord a power of attorney coupled with an interest to act as Tenant's attorney in fact for the Building purpose of executing such statement or statements required by this Paragraph. Such power of attorney shall not grant Landlord the right to execute a statement that includes any party thereof matters that are not expressly covered in this Paragraph or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and does not include any exceptions that such rents may have been duly and fully paid to an including the respective due dates immediately preceding the date raised by Tenant or of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameis aware.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) 10 business days following written notice after request therefor by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to Landlord a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, or its designate, a statement in writing certifying the following: (i) that this Lease is unmodified and in full force and effect (or if there have been modificationsmodified, that the same this Lease is in full force and effect as modified and stating the setting forth such modifications); (ii) that the Term has commenced (and setting forth the Commencement Date and Expiration Date); (iii) that Tenant is presently occupying the Premises; (iv) the amounts of Basic Rent and Additional Rent currently due and payable by Tenant; (v) that any Tenant Work or Alterations required by this Lease to have been made by Landlord have been made to the satisfaction of Tenant; (vi) that there are no existing set-offs, and charges, liens, claims or defenses against the date enforcement of any right hereunder, including, without limitation, Basic Rent or Additional Rent (or, if alleged, specifying the same in detail); (vii) that no Basic Rent (except the first installment thereof) has been paid more than 30 days in advance of its due date; (viii) that Tenant has no knowledge of any then uncured default by Landlord of its obligations under this Lease (or, if Tenant has such knowledge, specifying the same in detail); (ix) that Tenant is not in default; (x) that the address to which notices to Tenant should be sent is as set forth in this Lease (or, if not, specifying the annual rent correct address); and (xi) any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be certifications reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party In the event Tenant fails to execute, acknowledge and deliver to the other a statement in accordance with the provisions of Landlord an estoppel certificate as required by this Section within said ten (10) the specified 10 business day period period, Tenant shall constitute an acknowledgment, by be conclusively presumed to have adopted and affirmed the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as contents of the date form of such notice and, unless expressly consented estoppel certificate delivered to in writing Tenant by Landlord, and Tenant shall still remain liable for any prospective mortgagee, purchaser, or other third-party may rely on the sameaccuracy of such estoppel certificate as if executed and affirmed by Tenant.

Estoppel Certificate. Landlord and Tenant agree that each willTENANT shall, without charge therefore, at any time and from time to time, within ten (10) days following written notice after request by the other party hereto specifying that it is given pursuant to this SectionOWNER, execute, acknowledge and deliver to OWNER a written Estoppel Certificate certifying to the party who gave such noticeOWNER, any mortgagee, designee of the mortgagee or any purchaser of the Building, or its designateany other person designated by OWNER, a statement as of the date of such Estoppel Certificate: (a) that TENANT is in writing certifying possession of the Demised Premises; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and setting forth such modification); (c) whether or not there are then existing any setoffs or defenses against the enforcement of any right or remedy of OWNER, or any duty or obligation of TENANT hereunder (and, if so, specifying the same in detail); (d) the amount of the rent paid hereunder and the dates through which such rent has been paid; (e) that TENANT has no knowledge of any then uncured defaults on the part of OWNER under this Lease (or if TENANT has knowledge of any such uncured defaults, specifying the same in detail; (f) that TENANT has no knowledge of any event having occurred that authorized the termination of the Lease by TENANT (or if TENANT has such knowledge, specifying the same in detail); (g) the amount of any security deposit held by OWNER; and (h) such reasonable other information requested by OWNER, such mortgagee, assignee of such mortgagee, such purchaser or such other person as designated by OWNER. Failure to deliver the Certificate within ten days after request by OWNER shall be conclusive upon TENANT for the benefit of OWNER and any successor to OWNER that this Lease is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have has not been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) modified as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, represented by the party given requesting the Certificate. If TENANT fails to deliver the Certificate within the ten days after requested by OWNER, then by such noticefailure, which may be relied on by any person holding or proposing TENANT shall irrevocably constitute and appoint OWNER as its attorney-in-fact to acquire an interest in execute and deliver the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as Certificate to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samethird party.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter receipt of request therefore from Landlord, execute, acknowledge and deliver to Landlord, and to such Mortgagee or other party as may be designated by Landlord, a written estoppel certificate in form and substance as may be requested from time to time by Landlord, the other party who gave such noticeor any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord’s interest in all or any part of the Property, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether Tenant is in writing certifying that possession of the Property; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by Landlord; (f) that Tenant has no knowledge of any then-existing defaults of Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designed by Landlord. Any such estoppel certificate may be relied upon by the person or purchaserentity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with the provisions of this Section 21 within said ten (10) business day period days after a request therefor by Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to time, furnish within ten (10) days following written notice after so requested by Landlord, ground lessor or the other party hereto specifying that it is given pursuant to this Sectionholder of any deed of trust, executemortgage or security agreement covering the Building, acknowledge and deliver to the party who gave such noticeLand, or its designateany interest of Landlord therein, a statement in writing certificate signed by a Tenant certifying (a) that this Lease is unmodified and in full force and effect and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date to through which the annual rent Base Rental and any other payments due hereunder from Tenant estimated Operating Expense Rental have been paid in advancepaid, if any, (c) that Tenant has accepted possession of the Premises and stating whether or not there are defenses or offsets claimed that any improvements required by the maker terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant, (d) that except as stated in the certificate and whether or not no rent has been paid more than thirty (30) days in advance of its due date, (e) that the address for notices to the best of knowledge of the signer of such certificate the other party be sent to Tenant is in default in performance of any covenant agreement or condition contained as set forth in this Lease, Lease (or has been changed by notice duly given and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) is as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest set forth in the Building or any party thereof or the Premises or this Lease from or through the other partycertificate), (f) that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, except as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained stated in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing certificate, Tenant, as of the date of such notice andcertificate, unless expressly consented has no charge, lien, or claim of offset against rent due or to become due, (g) that except as stated in writing the certificate, Landlord is not then in default under this Lease, (h) as to the amount of Rentable Area then occupied by LandlordTenant, (i) that there are no renewal or extension options, purchase options, rights of first refusal or the like in favor of Tenant except as set forth in this Lease, (j) the amount and Tenant shall still remain liable for nature of accounts payable to Landlord under terms of this Lease and (k) as to such other matters as may be requested by Landlord or ground lessor or the sameholder of any such deed of trust, mortgage or security agreement. Any such certificate may be relied upon by any ground lessor, prospective purchaser, secured party, mortgagee or any beneficiary under any mortgage, deed of trust on the Building or the Land or any part thereof or interest of Landlord therein.

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to timewhenever requested by Landlord, within ten twenty (1020) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certifying: (a) that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating effect); (b) the modifications), and the date dates to which the annual rent Annual Basic Rent, Additional Rent and any other payments due hereunder from Tenant have been charges are paid in advance, if any, and stating whether or not ; (c) that there are defenses not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder or offsets claimed by specifying such defaults if any are claimed; (d) that Tenant has paid Landlord the maker Security Deposit, (e) the Commencement Date and the scheduled expiration date of the certificate Lease Term, (f) the rights (if any) of Tenant to extend or renew this Lease or to expand the Leased Premises and whether (g) the amount of Annual Basic Rent, Additional Rent and other charges currently payable under this Lease. In addition, such statement shall provide such other information and facts Landlord may reasonably require. Any such statement may be relied upon by any prospective or not to the best existing purchaser, ground lessee or mortgagee of knowledge all or any portion of the signer Property, as well as by any other assignee of such certificate the other party is in default in performance of any covenant agreement or condition contained Landlord's interest in this Lease, and if so, Specifying each . Tenant's failure to deliver such default of which the maker may have knowledge and if requested, statement within such financial information concerning time shall be conclusive upon Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedi) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and effect, without modification except as may be represented by Landlord; (ii) that such rents have been duly and fully there are no uncured defaults in Landlord's performance hereunder; (iii) that Tenant has paid to an including Landlord the respective due dates immediately preceding Security Deposit; (iv) that not more than one month's installment of Annual Basic Rent or Additional Rent has been paid in advance; (v) that the Commencement Date and the scheduled expiration date of such notice the Lease Term are as stated therein, (vi) that Tenant has no rights to extend or renew this Lease or to expand the Leased Premises, (vii) that the Annual Basic Rent, Additional Rent and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing are as of set forth therein and (viii) that the date of such notice and, unless expressly consented to in writing by Landlord, other information and Tenant shall still remain liable for the samefacts set forth therein are true and correct.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time time, and from time to time, within upon not less than ten (10) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to Landlord, an estoppel certificate in the party who gave form attached as Exhibit D (or such notice, or its designate, a statement other form provided by Landlord) in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date Lease, stating the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Leased Premises have been completed on or before the date of such certificate and that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the Lease Term has commenced, Tenant is occupying the Leased Premises and is open for business, stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant, and any other reasonable information requested by Landlord or other party designated by Landlord; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Leased Premises or the Center. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's Minimum Rent, Additional Rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Leased Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor 's right of self-help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and shall from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Sectionafter Tenant's receipt of Landlord's request therefor, execute, enseal, acknowledge and deliver to the party who gave such noticeLandlord, or its designateas Landlord may direct, a statement written instrument in writing recordable form (a) certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified, supplemented or amended in any way (or, if there have been modifications), supplements or amendments thereto, that it is in full force and effect as modified, supplemented or amended, and stating such modifications, supplements and amendments) and that this Lease (as modified, supplemented or amended, as aforesaid) represents the date entire agreement among Landlord and Tenant as to the Premises and the leasehold; (ii) the dates to which the annual Base Rent, additional rent and any other payments due charges arising hereunder from Tenant have been paid in advancepaid, (iii) the amount of any prepaid rents or credits due to Tenant, if any; and (iv) that if applicable, Tenant has entered into occupancy of the Premises; (v) the date on which the Term shall have commenced and stating the corresponding expiration date; and (b) stating, to the best knowledge of Tenant, whether or not there are defenses or offsets claimed all conditions under the Lease to be performed by Landlord prior the maker date of the such certificate have been satisfied and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is then in default in the performance of any covenant covenant, agreement or condition contained in this LeaseLease and specifying, and if soany, Specifying each such default of which the maker may have knowledge unsatisfied condition and if requested, each such financial information concerning Tenant default; and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedc) as may be stating any other fact or certifying any other condition reasonably requested by Landlord or by any Mortgagee mortgagee or prospective mortgagee or purchaserpurchaser of the Property or of any interest therein. The failure of either party In the event that Tenant shall fail to executecomplete, acknowledge execute and deliver to the other a statement in accordance with the provisions of this Section any such instrument within said ten (10) business day period shall constitute an acknowledgmentdays after Landlord's request therefor, by the party given such noticein addition to committing a default hereunder, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebe deemed to have irrevocably appointed Landlord or Beneficiary (if Landlord is a trustee of a land trust) as Tenant's attorney-in-fact to execute and deliver any such instrument or instruments in Tenant's name.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to time, within time upon not less than ten (10) days following written notice days' prior request by Landlord, or any existing or prospective First Mortgagee or Ground Lessor, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the other party hereto specifying that it is given pursuant to this SectionPremises claiming by, executethrough or under Tenant to, acknowledge complete, execute and deliver to the party who gave such notice, Landlord or its designateLandlord's designee or to any First Mortgagee or Ground Lessor, a statement in writing written estoppel certificate certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same lease as modified is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or paid; (c) that the Landlord is not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if this Lease be guaranteedin default, the nature thereof in detail; (d) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to that the other a statement Premises have been completed in accordance with the provisions terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (e) that there has been no prepayment of Rent other than that provided for in this Lease; (f) that there are no actions, whether voluntary or otherwise, pending against Tenant under the Bankruptcy Code or the bankruptcy laws of any state; and (g) such other matters as may be required by the Landlord, First Mortgagee, or Ground Lessor, including, without limitation, any other information concerning the status of this Section Lease or the parties, performance hereunder reasonably requested by the party to whom such estoppel certificate is to be addressed. Tenant's failure to complete, execute and deliver any such estoppel certificate within said the aforesaid ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing deemed to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision be a Default under Section 18 of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and (a) Tenant agree agrees that each will, at any time and from time to time, within time upon not less than ten (10) days following (or five (5) business days if the entity issuing the estoppel certificate is issuing it unconditionally) prior written notice request by Landlord, or any existing or prospective First Mortgagee or Ground Lessor, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the other party hereto specifying that it is given pursuant to this SectionPremises claiming by, executethrough or under Tenant to, acknowledge complete, execute and deliver to the party who gave such notice, Landlord or its designateLandlord's designee or to any First Mortgagee or Ground Lessor, a statement in writing written estoppel certificate certifying (i) that this Lease lease is unmodified and in full force and effect (or if there have been modifications, that the same lease as modified is in full force and effect and stating identifying the modifications), ; (ii) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not paid; (iii) that to the best of Tenant's knowledge the Landlord is not in default under any provision of this lease, or, if in default, the nature thereof in detail; (iv) that the Premises have been completed in accordance with the terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims (or if such is not the case, a statement as to the status of the signer Premises, Tenant's offsets and/or claims); (v) that there has been no prepayment of such certificate Rent other than that provided for in the other party is in default in performance lease; (vi) that there are no actions, whether voluntary or otherwise, pending against Tenant under the Bankruptcy Code or the bankruptcy laws of any covenant agreement or condition contained state; (vii) the current CT&T Participation and any other information reasonably requested in this Lease, connection with the CT&T Participation; and if so, Specifying each (viii) such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested required by the Landlord, First Mortgagee, or Ground Lessor, including, without limitation, any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to other information concerning the other a statement in accordance with the provisions status of this Section within said ten (10) business day period shall constitute an acknowledgment, lease or other parties' performance hereunder reasonably requested by the party given to whom such noticeestoppel certificate is to be addressed. Tenant's failure to complete, which may execute and deliver the aforesaid estoppel certificate within said time period shall be relied on by any person holding or proposing deemed a default under Section 16 subject to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and an opportunity to cure or correct such default as provided in Section 16(a)(ii), except that the time period for cure or correction shall constitute, as be limited to any person entitled as aforesaid to rely upon such statements, waiver three (3) business days after Tenant's receipt of any defaults which may exist prior to the date Landlord's notice of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samedefault.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, within Lessee shall, promptly and in no event later than ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this SectionBusiness Days after a request from Lessor or any Lender or mortgagee of Lessor, execute, acknowledge and deliver to Lessor or such Lender or mortgagee, as the party who gave such notice, or its designatecase may be, a statement certificate in writing certifying the form supplied by Lessor, certifying: (a) that Lessee has accepted the Property; (b) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the has not been modified (or if modified, setting forth all modifications), or, if this Lease is not in full force and effect, the certificate shall so specify the reasons therefor; (c) the commencement and expiration dates of the Lease Term; (d) the date to which the annual rent and any other payments due hereunder from Tenant Base Monthly Rentals have been paid in advance, if any, under this Lease and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not amount thereof then payable; (e) to the best of knowledge of Lessee’s knowledge, whether there are then any existing defaults by Lessor in the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseand, if there are any such defaults, specifying the nature and extent thereof; (f) that no notice has been received by Lessee of any default under this Lease be guaranteedwhich has not been cured, except as to defaults specified in the certificate; (g) as may be the capacity of the Person executing such certificate, and that such Person is duly authorized to execute the same on behalf of Lessee; (h) to the extent accurate, that Lessor has no actual involvement in the management or control of decision making related to the operational aspects or the day-to-day operation of the Property, including any handling or disposal of Hazardous Materials or Regulated Substances; and (i) any other information reasonably requested by Lessor. At any Mortgagee or prospective mortgagee or purchaser. The failure of either party time, and from time to time, Lessor shall, promptly and in no event later than ten (10) Business Days after a request from Lessee, execute, acknowledge and deliver to the other a statement Lessee an estoppel certificate in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing form reasonably acceptable to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLessor.

Estoppel Certificate. Landlord and Tenant agree that each willTenaxx xxxees, at any time and from time to timetime during the term of this Lease, within ten upon not less than five (105) days following prior written notice by the other party hereto specifying that it is given pursuant to this SectionLandxxxx, xx execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying which shall contain substantially the following provisions: (i) a statement that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same Lease is in full force and effect as modified and stating the modifications), and (ii) a statement of the date dates to which the annual rent and any other payments due charges hereunder from Tenant have been paid in advanceby Tenaxx, if any, and stating (xii) a statement of whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party Tenant, Landlord is in default in the performance of any covenant covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such, (iv) a statement of the address to which notices to Tenant should be sent, (v) a statement that all work required to be performed by the Landlord under this Lease has been completed and that Tenaxx xxxepts the premises and improvements therein, that Tenaxx xxxepts the premises and the improvements therein, (vi) a statement that Tenant will not attempt to terminate this Lease by reason of Landxxxx'x xefault or omission without giving written notice of such default or omission to Landlord and any mortgagee of which the maker may have Tenaxx xxx knowledge and if requested(vii) such other statement or statements as Landlord, any prospective purchaser of the Building or the Land, any mortgagee or prospective mortgagee of the Building or the Land or of Landlord's interest in either and/or any prospective assignee of any such financial information concerning mortgagee, may reasonably request. Any such statement delivered pursuant hereto, may be relied upon by any owner of the Building or the Land, any prospective purchaser of the Building or the Land, any mortgagee or prospective mortgagee of the Building or the Land or of Landlord's interest in either, or any prospective assignee of any such mortgagee. Tenant and Tenant’s business operations (and the Guarantor of this Lease, if will agree to make such reasonable changes or modifications to this Lease be guaranteed) as may be reasonably requested required by any Mortgagee mortgagee of the Building and/or the Land, provided that such changes or prospective mortgagee or purchaser. The failure modifications shall not increase the amount of either party to executerent required under paragraph 3(a) hereof, acknowledge and deliver to shorten the other a statement in accordance with the provisions term of this Section within said ten (10) business day period shall constitute an acknowledgment, by Lease or change or redefine the party given such notice, which may be relied on by any person holding or proposing to acquire an interest premises as long as it is not a material change and further provided that Landlord furnishes written certification that every other tenant in the Building building must make identical changes or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid modifications to an including the their respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameleases.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets offsets-claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s 's business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to time, within time upon not less than ten (10) business days following written notice by prior request of Landlord, Tenant or Tenant's duly authorized representative having knowledge of the other party hereto specifying that it is given pursuant to this Sectionfacts, execute, acknowledge will execute and deliver to the party who gave such notice, or its designate, a statement in writing Landlord an estoppel certificate certifying that (i) this Lease is unmodified and in full force and effect (or or, if there have been modifications, an itemized description of such modifications and that the same Lease as modified is in full force and effect effect; (ii) the dates to which Annual Base Rent, Additional Rent and stating other charges have been paid; (iii) that, to Tenant's knowledge, Landlord is not in default under any provision of this Lease, or, if in default, the modifications)nature thereof in detail; (iv) that to Tenant's knowledge, to date, all obligations of Landlord to be performed under the Lease have been performed; (v) Tenant has not paid any rents or other sums due under the Lease more than thirty (30) days in advance of the date such sums are due under the Lease; (vi) that Tenant has no rights of set-off, counterclaim, abatement, or other rights of diminution of any rents or other sums due and payable under the Lease, except as may be expressly set forth in the Lease or otherwise provided by law; (vii) that Tenant has not made any security deposit; (viii) the commencement dates and the expiration dates for Tenant's lease of each portion of the Leased Premises under the Lease; (ix) the amount of Tenant's Pro Rata Share; (x) that all Landlord's Work required to be completed by Landlord under the Lease has been completed, and if, not, the date nature of the work that has not been completed to date; (xi) that Landlord has paid Tenant all amounts due Tenant with respect to Tenant's Work, and, if not, the amount of any unpaid tenant improvement allowance to which the annual rent Tenant is entitled and any other payments due hereunder from Tenant have has not been paid in advance(provided Landlord shall notify Tenant of such amount, if any, at the time Landlord requests that Tenant execute such estoppel certificate); (xii) that Tenant has not declared bankruptcy or similar insolvency proceeding and stating has no present intentions of doing so, no such proceeding has been commenced against Tenant seeking such relief, and Tenant has no knowledge that any such proceeding is threatened; and (xiii) whether Tenant has assigned or not there are defenses otherwise transferred Tenant's interest in the Lease or offsets claimed by the maker sublet all or any portion of the certificate Leased Premises. Tenant acknowledges and whether agrees that it is intended that any such statements and certificates may be relied upon by any Mortgagees, Ground Lessors or not to the best of knowledge prospective Mortgagees or Ground Lessors of the signer Land or Building, or any prospective or subsequent purchaser or transferee of such certificate all or a part of Landlord's interest in the other party is in default in performance of any covenant agreement Land or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if Building or this Lease be guaranteed) as may be reasonably requested by or any Mortgagee prospective transferee of all or prospective mortgagee or purchaser. The any part of the interests in Landlord Tenant's failure of either party to execute, acknowledge execute and deliver to the other a any statement in accordance with the provisions of or certificate contemplated by this Section Article within said ten (10) business day period days after request by Landlord shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or a Default under this Lease from or through the other party, that this Lease is unmodified and Landlord shall be afforded all rights and remedies described in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same24.1 hereof.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within ten and no later than thirty (1030) days following written after notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, Tenant shall promptly execute, acknowledge and deliver to the party who gave such noticeLandlord, and, at Landlord's request, to any prospective purchaser, ground lessor, or its designatemortgagee, a statement in writing certificate certifying (a) that Tenant has accepted the Premises (or, if Tenant has not done so, that Tenant has not accepted the Premises and specifying the reasons for not accepting them); (b) the Commencement, Rent Commencement and Expiration Dates; (c) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same this Lease is in full force and effect as modified and stating the modificationsdate and nature of each modification), and ; (d) the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advancedates, if any, and stating to which Rent has been paid; (e) whether or not there are then existing any defenses or offsets claimed by against the maker enforcement of any of the certificate and obligations of Tenant under this Lease (and, if so, specifying such defenses); (f) whether or not to there are then existing any defaults by Landlord in the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in its obligations under this LeaseLease (and, and if so, Specifying each specifying such default of which the maker may have knowledge defaults); and if requested, (g) such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by Landlord and by any person holding prospective purchaser, ground lessor or proposing to acquire an interest in mortgagee considering the purchase of or a loan on all or any part of the Building or any party thereof or the Premises or this Lease from or through the other partyinterest therein. If Tenant fails to deliver any such certificate within thirty (30) days of receipt, Tenant agrees and acknowledges that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and any prospective purchaser, ground lessor, or mortgagee, may rely on all in, formation set forth in such certificate as true and correct. Tenant shall still remain liable for indemnify Landlord against and hold Landlord harmless from all costs, damages, expenses, liabilities and fees, including, without limitation, reasonable attorneys' fees and any consequential damages or lost profits, arising from or in any way related to or connected with Tenant's failure to deliver any such certificate within the sametime specified in this Section 26.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten Upon not less than five (105) days following written business days’ prior notice by the other party hereto specifying that it is given pursuant to this SectionLandlord, Tenant shall execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect and that, except as stated therein, Tenant has no knowledge of any defenses, offsets or counterclaims against its obligations to pay the Fixed Rent and Additional Rent and any other charges and to perform its other covenants under this Lease (or or, if there have been modifications, any modifications that the same is in full force and effect as modified and stating the modificationsmodifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail), and the date dates to which the annual rent Fixed Rent and any Additional Rent and other payments due hereunder from Tenant charges have been paid and a statement that Landlord is not in advancedefault hereunder (or if in default, if anythe nature of such default, and stating whether or not there are defenses or offsets claimed in reasonable detail). Any such statement delivered pursuant to this Section 10.10 may be relied upon by the maker any prospective purchaser, mortgagee of the certificate and whether Building or other interested party. Upon not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leaseless than five (5) business days’ prior notice by Xxxxxx, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to Landlord shall execute, acknowledge and deliver to the other Tenant a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, writing certifying that this Lease is unmodified and in full force and effect and that such rents that, except as stated therein, Landlord has no knowledge of any defenses, offsets or counterclaims against Tenant’s obligations to pay the Fixed Rent and Additional Rent and any other charges and to perform its other covenants under this Lease (or, if there have been duly any modifications that the same is in full force and fully effect as modified and stating the modifications and, if there are any defenses, offsets or counterclaims, setting them forth in reasonable detail), the dates to which the Fixed Rent and Additional Rent and other charges have been paid to an including and a statement that Tenant is not in default hereunder (or if in default, the respective due dates immediately preceding the date nature of such notice and shall constitutedefault, as in reasonable detail). Any such statement delivered pursuant to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver 10.11 may be relied upon by Landlord any prospective lender, underwriter, assignee or subtenant of any default in payment of rent Tenant or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameinterested party.

Estoppel Certificate. Landlord and Tenant agree that each willTenant, at any time and shall, from time to time, within ten (10) business days following written notice after request by the other party hereto specifying that it is given pursuant to this SectionXxxxxx, execute, acknowledge and deliver to the party who gave such notice, or its designate, Lender a statement in writing by Tenant certifying (a) that this the Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and (b) the date to which the annual amounts of fixed rent, additional rent, percentage rent and any or other payments due hereunder from Tenant have been paid in advancesums, if any, which are payable in respect of the Lease and stating the commencement date and expiration date of the Lease, (c) the dates to which the fixed rent, additional rent, percentage rent if any, and other sums which are payable in respect to the Lease have been paid, (d) whether or not there are defenses Tenant is entitled to credits or offsets claimed by against such rent, and, if so, the maker of reasons therefor and the certificate and whether or not amount thereof, (e) that, to the best of knowledge of the signer person certifying on behalf of Tenant, there are no uncured defaults in the performance of any of Tenant’s obligations under the Lease and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such certificate a default, or specifying such defaults if any are claimed, (f) whether or not, to the other party knowledge of the person certifying on behalf of Tenant, Landlord is in default in the performance of any covenant agreement or condition contained in this of its obligations under the Lease, and and, if so, Specifying each such default of which specifying the maker may have knowledge and if requestedsame, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseg) whether or not, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance knowledge of such person, any event has occurred which with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date giving of such notice or passage of time, or both would constitute such a default, and, if so, specifying each such event, and shall constitute(h) whether or not, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date knowledge of such notice; providedperson, however that nothing contained in Tenant has any claims, defenses or counterclaims against Landlord under the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice Lease, and, unless expressly consented to in writing by Landlordif so, and Tenant shall still remain liable for specifying the same., it being intended that any such statement delivered pursuant hereto shall be deemed a representation and warranty to be relied upon by Xxxxxx and by others with whom Xxxxxx may be dealing, regardless of independent investigation. Tenant also shall include in any such statement such other information concerning the Lease as Lender may reasonably request. Building D Building D

Estoppel Certificate. Landlord and Within ten days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate (“Estoppel Certificate”) stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then-current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant’s knowledge, Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in performance favor of Tenant, (vi) that any covenant agreement Landlord’s Work required by this Lease is complete (or condition contained stating any exceptions) and (vii) such other matters as Landlord may reasonably request. Tenant's failure to deliver such certificate within such ten day period shall be conclusive upon Tenant for the benefit of Landlord, and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the Project that, except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenantthat all Landlord’s business operations (and the Guarantor of this Lease, if Work required by this Lease be guaranteedis complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of Tenant's proposed lender or Transferee confirming (i) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly paid in advance, (iv) the amount of any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and fully paid (v) whether or not to an including the respective due dates immediately preceding best of Landlord's knowledge Tenant is in default under this Lease. The requirement for Tenant to execute and deliver to Landlord, the date of such notice and shall constituteEstoppel Certificate, as to required above, shall not be delayed, conditioned, or withheld for any person entitled as aforesaid to rely upon such statements, waiver reason; this requirement shall be an independent covenant of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of Tenant under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, upon the written request of Landlord or any mortgagee, Tenant within ten twenty (1020) days following of the date of such written notice by the other party hereto specifying that it is given pursuant request agrees to this Section, execute, acknowledge execute and deliver to the party who gave Landlord and/or such noticemortgagee, or its designatewithout charge and in form satisfactory to Landlord and/or such mortgagee, a written statement in writing (1) ratifying this Lease; (2) confirming the commencement and expiration date of the term of this Lease and the minimum annual rental rate payable during the lease term; (3) certifying that this Lease Tenant is unmodified in occupancy of the Demised Premises, and in full force and effect (or if there have been modifications, that the same Lease is in full force and effect and has not been modified, assigned, supplemented or amended except by such writings as shall be stated; (4) certifying that all conditions and agreements under this Lease to be satisfied or performed by Landlord have been satisfied and performed except as shall be stated; (5) certifying that there is no default by Landlord or Tenant under the Lease and there are no defenses or offsets against the enforcement of this Lease by Landlord or stating the modifications)defaults and/or defenses claimed by Tenant; (6) reciting the amount of advance rent, if any, paid by Tenant and the date to which the annual such rent and any other payments due hereunder from Tenant have has been paid and, if requested by Landlord and/or Mortgagee, agreeing that Tenant shall not pay rent to Landlord more than thirty (30) days in advance; (7) reciting the amount of security deposited with Landlord, if any, and stating whether ; (8) certifying that Tenant has no option or not there are defenses right of first refusal to purchase the Demised Premises or offsets claimed by option to extend the maker term of the certificate and whether or not Lease (unless specifically set forth to the best of knowledge contrary in the Lease); (9) if requested by Landlord and/or Mortgagee, agreeing that the Lease will not be modified without the prior written consent of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten Mortgagee; (10) business day period shall constitute an acknowledgmentcertifying that Tenant has not and will not generate, store, handle or otherwise deal with any amount of any hazardous substances or hazardous waste (as defined in federal, state and local law) in or about the Demised Premises, in excess of those levels or quantities specified for regulatory purposes; (11) agreeing, if requested by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other partyMortgagee, that this Lease is unmodified and in full force and effect and that Tenant will give such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of Mortgagee such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default by Landlord and reasonable opportunity to cure such default, not in payment excess of rent or other charges existing as of the date of such notice andthirty (30) days, unless expressly consented to in writing by Landlordthe default cannot be cured within said time, before exercising Tenant's remedies under the Lease; and Tenant (12) any other information which Landlord or the mortgagee shall still remain liable for the samerequire.

Estoppel Certificate. Landlord and Within 15 business days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate stating (to the extent factually accurate) (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then-current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent, or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant's actual knowledge, Landlord is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if under this Lease be guaranteedand whether there currently exist any defenses or rights of offset under the Lease in favor of Tenant, (vi) that any Landlord's Work required by this Lease is complete (or stating any exceptions) and (vii) such other matters as Landlord may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserrequest. The Tenant's failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section such certificate within said ten (10) such 15 business day period shall constitute an acknowledgmentbe conclusive upon Tenant for the benefit of Landlord, by and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the party given such noticeProject that, which except as may be relied on represented by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and that all Landlord's Work required by this Lease is complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon 15 business days written request from Tenant, execute an estoppel certificate in favor of Tenant's proposed lender or through the other party, Transferee confirming (i) that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then-current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly and fully paid to an including in advance, (iv) the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver amount of any defaults security deposit, prepaid rent, or other payment constituting Rent which may exist prior has been paid, and (v) whether or not to the date best of such notice; provided, however that nothing contained Landlord's knowledge Tenant is in the provision of default under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designatedesignata, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s Tenants business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willagrees that, at any time and from time to time, within time upon not less than ten (10) days days' prior request by Landlord, Tenant, or Tenant's duly authorized representative having knowledge of the following written notice by the other party hereto specifying that it is given pursuant to this Sectionfacts, execute, acknowledge and will deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that the same Lease as modified is in full force and effect and stating effect); (ii) the modifications), and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advancepaid; (iii) that, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of Tenant's knowledge, the signer of such certificate the other party Landlord is not in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if this Lease be guaranteedin default, the nature thereof in detail; and (iv) such further matters as are set forth on the form of estoppel certificate attached hereto as Exhibit F and made a part hereof, or as may be reasonably requested by Landlord, it being intended that any Mortgagee such statement may be relied upon by any prospective assignee of any tenant of the Building, any mortgagees or prospective mortgagees thereof, or any prospective assignee of any mortgagee thereof, or purchaserany prospective and/or subsequent purchaser or transferee of all or a part of Landlord's interest in the Land and/or Building. The failure of either party to execute, acknowledge Tenant shall execute and deliver whatever instruments may be required for such purposes, and in the event Tenant continues to fail so to do within five (5) days after a second demand in writing, then Landlord shall be authorized as Tenant's agent and attorney-in-fact to execute such statement on behalf of Tenant. Landlord agrees that, from time to time upon not less than fifteen (15) days' prior request by Tenant (but not more frequently than one time during the other Term, as it may be extended pursuant to Section 32 hereof), Landlord, or Landlord's duly authorized representative having knowledge of the following facts, will deliver to Tenant a statement in accordance with the provisions of this Section within said ten writing certifying (10i) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that such rents the Lease as modified is in full force and effect); (ii) the dates to which Rent and other charges have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitutepaid; (iii) that, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date best of such notice; providedLandlord's knowledge, however that nothing contained the Tenant is not in the default under any provision of this Section shall constitute waiver Lease, or, if in default, the nature of thereof in detail; and (iv) such further matters as may reasonably be requested by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Landlord and The Tenant agree that each willshall, without charge, at any time and from time to time, within ten (10) days following written notice by after receipt of request therefor from the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the Landlord, and to such Mortgagee or other party who gave such noticeas may be designated by the Landlord, a written estoppel certificate in form and substance as may be requested from time to time by the Landlord, the other party or any Mortgagee, certifying to the other party, any Mortgagee, any purchaser of Landlord's interest in all or any part of the Property, or its designateany other person or entity designated by the other party, a statement as of the date of such estoppel certificate, the following: (a) whether the Tenant is in writing certifying that possession of the Property; (b) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating effect; (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not any amendments to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each specifying such default amendments; (d) whether there are any then-existing setoffs or defenses against the enforcement of which the maker may have knowledge any rights hereunder, and if requestedso, specifying such financial information concerning Tenant and Tenant’s business operations matters in detail; (e) the dates, if any, to which any rent or other sums due hereunder have been paid in advance and the Guarantor amount of any security deposit held by the Landlord; (f) that the Tenant has no knowledge of any then-existing defaults of the Landlord under this Lease, or if there are such defaults, specifying them in detail; (g) that the Tenant has no knowledge of any event having occurred that authorized the termination of this Lease by the Tenant, or if such event has occurred, specifying it in detail; (h) the address to which notices to the Tenant should be guaranteedsent; and (i) as may be any and all other matters reasonably requested by the Landlord, any Mortgagee and/or any other person or prospective mortgagee entity designated by the Landlord. Any such estoppel certificate may be relied upon by the person or purchaserentity to whom it is directed or by any other person or entity who could reasonably be expected to rely on it in the normal course of business. The failure of either party the Tenant to execute, acknowledge and deliver to the other such a statement certificate in accordance with this section within fifteen (15) days after a request therefor by the provisions of this Section within said ten (10) business day period Landlord shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entity who would be entitled as aforesaid to rely upon any such statementscertificate, waiver of any defaults which may exist prior that such certificate as submitted by the requesting party to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordparty is true and correct, and Tenant shall still remain liable for the samerequesting party is hereby authorized to so certify.

Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant agree that each will, shall at the request of Landlord at any time and from time to time, within time upon not less than ten (10) days following days' prior written notice by the other party hereto specifying that it is given pursuant to this Sectionnotice, execute, acknowledge in recordable form, and deliver to the party who gave such noticeother, or for the Tenant to its designateauditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord's mortgagee, the lessor under any Ground Lease, auditors or a prospective purchaser of the Project or any part thereof, a statement in writing certifying certificate stating that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating the modificationseffect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant's or Landlord's knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, current Operating Cost Share Rent and Tax Share Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the annual rent Premises and such other matters as may be required. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other payments due person to whom it is delivered. The failure to deliver such statement within the time required hereunder from Tenant have shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the nonperforming party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (1) month's Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease nonperforming party shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease estopped from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of asserting any defaults which may exist prior known to the date of such notice; provided, however it at that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime.

Estoppel Certificate. Landlord and Tenant agree that each willEach of the parties hereto agrees, at any time and from time to time, within ten time upon not less than twenty (1020) days following days' prior written notice request by the other party hereto specifying (which request must specify that it response is given pursuant required within twenty (20) days), to this Section, execute, acknowledge and deliver to the party who gave making such noticerequest, or its designateto any other Person specified by the requesting party, a statement in writing certifying that an estoppel certificate stating: (a) whether this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating whether such party has any existing defenses or offsets against the modifications)enforcement of this Lease; (b) whether this Lease has been assigned, modified, supplemented or amended, and, if so, identifying and describing any such assignment, modification, supplement or amendment; (c) the date to which Rent has been paid; (d) whether the annual rent and party to whom the request is directed knows of any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether default or not there are defenses or offsets claimed by failure to perform conditions on the maker part of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Leasehereunder, and if so, Specifying each such default of which specifying the maker may have knowledge nature thereof; and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of e) that this Lease, if as it may have been modified, supplemented or amended, represents the entire agreement between the parties as to this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserleasing. The failure of either party to execute, acknowledge and deliver issue such a certificate to the requesting party or other a statement in accordance with the provisions of this Section specified Person within said ten twenty (1020) business day period shall constitute an acknowledgment, acknowledgment by the party given to whom such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, request is directed that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person Person entitled as aforesaid to rely upon such statementscertificate, a waiver of any defaults which that may exist prior to the date of such notice; provided, however that nothing request. Such certificate shall act as a waiver of any claim by the party furnishing such certificate to the extent such claim is based upon facts which are contrary to those asserted in the certificate but only to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts contrary to those contained in the provision of this Section certificate and who has acted in reasonable reliance upon the certificate. Such certificate shall constitute waiver by Landlord of in no event subject the party furnishing it to any default in payment of rent liability whatsoever, notwithstanding the negligent or other charges existing as of the date inadvertent failure of such notice and, unless expressly consented party to in writing by Landlord, and Tenant shall still remain liable for the samedisclose correct or relevant information.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to timetime upon written request by Landlord or the holder of any Mortgage or any ground lessor, Tenant, or any permitted assignee, subtenant or other occupant of the Premises claiming by, through or under Tenant ("Tenant-successor"), will deliver to Landlord or to the holder of any Mortgage or ground lessor or contract purchaser of an interest in Landlord or in the Building within ten twenty (1020) days following after such written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, request shall have been served upon Tenant or its designateTenant-successor, a statement in writing certifying signed by Tenant or Tenant-successor certifying, (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same Lease, as modified, is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant or Tenant-successor began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid; (c) the date upon which the Term shall end; (d) that the Landlord is not in advancedefault under any provision of this Lease or, if anyin default, and stating whether or not there are defenses or offsets claimed by the maker of nature thereof in detail; (e) that the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may Premises have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement been completed in accordance with the provisions terms hereof and Tenant or Tenant-successor is in occupancy and paying Rent on a current basis with no rental offsets or claims; (f) that there has been no prepayment of this Section within said ten Rent other than that provided for in the Lease; (10g) business day period shall constitute an acknowledgmentthe amount of any security deposit made by Tenant or Tenant-successor; (h) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of the United States or any State thereof; and (i) such other matters as may be required by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and holder of a Mortgage, ground lessor or contract purchaser. In the event Tenant fails to provide such written statement within twenty (20) days after demand in writing, Tenant shall still remain liable for the samebe considered in default under this Lease.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within ten time upon not less than fifteen (1015) days following written days' prior notice by the other party hereto specifying that it is given pursuant Landlord or any Superior Lessor or any Superior Mortgagee to this SectionTenant, Tenant shall, without charge, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing in recordable form prepared by Landlord addressed to such party as Landlord may designate or in form reasonably satisfactory to Landlord certifying (a) that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) whether the Tenant has commenced and Fixed Rent and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advancepaid, if any, and stating (c) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not not, to the best of knowledge of the signer of such certificate the other party certificate, Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this LeaseLease and, and if so, Specifying specifying each such default of which the maker signer may have knowledge and knowledge, (d) whether Tenant has accepted possession of the Premises, (e) whether Tenant has made any uncollected claim against Landlord under this Lease and, if requestedso, such financial information concerning Tenant and Tenant’s business operations (the nature thereof and the Guarantor dollar amount, if any, of such claim, (f) whether there exist any offsets or defenses against enforcement of any of the terms of this LeaseLease upon the part of Tenant to be performed and, if this so, specifying the same and (g) such further information with respect to the Lease be guaranteed) or the Premises as Landlord may reasonably request or any Superior Mortgagee or any Superior Lessor may require, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by any Mortgagee prospective purchaser of the Real Property or any part thereof or of the interest of Landlord in any part thereof, by any mortgagee or prospective mortgagee thereof, by any lessor or purchaser. prospective lessor thereof, by any lessee or prospective lessee thereof, or by any prospective assignee of any mortgage or lease thereof The failure of either party Tenant to execute, acknowledge and deliver to the other Landlord a statement in accordance with the provisions of this Section within said ten fifteen (1015) business day period shall constitute an acknowledgment, acknowledgment by the party given such noticeTenant, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person who would be entitled as aforesaid to rely upon any such statementsstatement, waiver of any defaults which may exist prior to the date of that such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver statement as submitted by Landlord of any is true and correct. Notwithstanding such acknowledgment, Tenant shall, at Landlord's option, be in default in payment of rent or other charges existing as of the date of hereunder for its failure to execute such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samestatement.

Estoppel Certificate. Landlord and Tenant agree that each willagrees that, at any time and from time to timetime upon not less than twenty (20) days’ prior request by Landlord, within ten (10) days Landlord’s lessor or any mortgagee, Tenant or Tenant’s duly authorized representative having knowledge of the following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and facts will deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying (i) that to Tenant’s knowledge this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that the same Lease as modified is in full force and effect and stating effect); (ii) the modifications), and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid in advance, if any, and stating whether or paid; (iii) that Landlord is not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of under any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor provision of this Lease, or, if in default, the nature thereof in detail; (iv) that the Premises have been-delivered to Tenant by Landlord and accepted by Tenant (or if not, the reason therefor); (v) that there are no proceedings pending against Tenant which have been adversely decided and which would affect Tenant’s obligations under this Lease be guaranteed(and if not correct, detail regarding such proceeding); (vi) that Tenant has not made a claim against Landlord which has not been resolved or satisfied (and if not, correct details regarding the same); and (vii) such further matters as may be reasonably requested by Landlord, it being intended that any Mortgagee such statement may be relied upon by any prospective assignee of Landlord, any mortgagee or prospective mortgagee of the Building, any prospective assignee of any such mortgagee, or purchaser. The failure any prospective and/or subsequent purchaser or transferee of either party to execute, acknowledge and deliver to the other all or a statement in accordance with the provisions part of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an Landlord’s interest in the Building Property, the Office Section or the Building, or any party thereof or the Premises or this Lease from or through the other partyperson having an interest therein. Tenant shall execute and deliver whatever instruments may be reasonably required for such purposes, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid the event Tenant fails so to an including the respective due dates immediately preceding the date of such notice and shall constitutedo within twenty (20) days after demand in writing, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samebe considered in default under this Lease.

Estoppel Certificate. Landlord and Tenant agree agrees that each will, at any time and from time to timetime upon written request by Landlord, or the holder of any Mortgage or any ground lessor, Tenant (or any permitted assignee, subtenant or other occupant of the Premises claiming by, through or under Tenant) will deliver to Landlord or to the holder of any Mortgage or ground lessor or contract purchaser of an interest in Landlord or in the Building, within ten (10) days following after such written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designaterequest shall have been served upon Tenant, a statement in writing signed by Tenant, addressed to such person or persons as Landlord shall request, certifying (a) that this Lease lease is unmodified and in full force and effect (or if there have been modifications, that the same lease as modified is in full force and effect and stating identifying the modifications), ; (b) the date upon which Tenant began paying Rent and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant charges have been paid paid, (c) the: date upon which the Term shall end. (d) that Landlord is not in advancedefault trader any provision of this lease, or, if anyin default, and stating whether or not there are defenses or offsets claimed by the maker of nature thereof in detail; (e) that the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may Premises have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement been completed in accordance with the provisions terms hereof and Tenant is in occupancy and paying Rent on a current basis with no rental offsets or claims; (f) that there has been no prepayment of Rent other than that provided for in the lease; (g) the amount of any security deposit made by Tenant or Tenant-successor, (h) that there are no actions, whether voluntary or otherwise, pending against Tenant under the bankruptcy laws of the United States or any State thereof, and (i) such other matters as may be required by Landlord, holder of a Mortgage, ground lessor or contract purchaser. If Tenant fails within ten (10) days after written demand therefor to execute and deliver any instrument as may be necessary or proper to effectuate any of the covenants of Tenant set forth above in this Section 22, Tenant hereby makes, constitutes and irrevocably appoints Landlord as. its attorney-in-fact (such power of attorney being coupled with an interest) to execute and deliver any such instrument for and in the name of Tenant. Without limitation to the foregoing, if Tenant fails within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which to execute and deliver said certification as may be relied on by necessary or proper to effectuate any person holding or proposing to acquire an interest of the covenants of Tenant set forth above in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section 22, Tenant shall constitute waiver by Landlord of any default in payment of rent or other charges existing as be deemed to have irrevocably agreed to all of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samestatements therein contained.

Estoppel Certificate. Landlord At least four (4) business days prior to the Close of Escrow (the “Estoppel Delivery Date”) and Tenant agree that as a condition to Buyer’s obligation to proceed to the Close of Escrow, Seller shall deliver to Buyer an executed Estoppel Certificate (individually, an “Estoppel” or collectively, the “Estoppels”) from each willof the lessees at the Property as more particularly described on Exhibit F (the “Lessees” or individually, at any time a “Lessee”), being each of the tenants under those leases more particularly described in Exhibit “F” attached hereto and from time made a part hereof (all such documents being referred to timeherein as the “Leases” or individually as a “Lease”). The Estoppels, within ten as executed by each of the Lessees and delivered to Seller (10for ultimate delivery to Buyer), shall be dated no earlier than thirty (30) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of the original scheduled Closing Date set forth herein (so long as the delay to the original Closing Date is due to no default of Seller) and shall be in substantially the form attached hereto as Exhibits “G-1, G-2 and G-3” without modification or disclosure of any materially adverse facts or matters; it being agreed that Buyer shall have the right to modify the form of Estoppel by delivering written notice of the required changes to the Estoppel(s) to Seller on or before the date that is twenty (20) days following the mutual execution of this Agreement. Thereafter, the parties shall negotiate in good faith to create mutually acceptable Estoppels for each of the Lessees prior to the expiration of the Contingency Period. If Buyer and Seller have not agreed to the form of Estoppels prior to the expiration of the Contingency Period, then Buyer may either terminate the Agreement as provided herein (and receive a refund of the Deposit, together with all interest accrued thereon) or accept Seller’s last proposal with respect to the Estoppel. Notwithstanding anything to the contrary set forth above, the execution of the Estoppels that have been mutually approved prior to the expiration of the Contingency Period (without material modification or disclosure of any adverse facts or matters) shall be the condition to the Close of Escrow for Buyer’s benefit. Prior to the expiration of the Contingency Period, Buyer may request that Seller obtain additional estoppel certificates from such noticeother third parties, as applicable, as Buyer may reasonably require (such as owners’ associations); provided, however that nothing contained in however, obtaining such additional estoppel certificates shall not be a condition to Buyer’s obligation to proceed to the provision Close of Escrow, nor shall any failure by Seller to so obtain any or all of the Estoppels nor any additional estoppel certificates (as contemplated above) constitute a breach by Seller under the terms of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as Agreement. Notwithstanding the foregoing, if Seller has not delivered to Buyer all of the executed Estoppels by the Estoppel Delivery Date, in order for Seller to obtain and deliver to Buyer any missing executed Estoppels prior to the Close of Escrow, Buyer and Seller shall each have the one-time right, by delivering written notice to the other party prior to 5:00 p.m. Chicago time, on the Estoppel Delivery Date, to extend the Estoppel Delivery Date until the earlier of (i) the date by which Seller delivers to Buyer any missing executed Estoppels, or (ii) fifteen (15) days after the Estoppel Delivery Date. If as a result of such notice andextension, unless expressly consented the Estoppel Delivery Date would be a date later than the Closing Date, the Closing Date shall also be extended to be the date which is two (2) business days following the extended Estoppel Delivery Date; provided that in writing no event shall the Closing Date be extended beyond the Outside Date. In the event that the Estoppels are not obtained by Landlordthe Estoppel Delivery Date (as such date may be extended as provided above), then Seller shall not be in default, but a condition to the Close of Escrow for Buyer’s benefit shall fail and Tenant Buyer shall still remain liable for be entitled to receive a refund of the sameDeposit, together with all interest accrued thereon.

Estoppel Certificate. Tenant and Landlord and Tenant agree that each will, at any time and from time to time, within ten upon not less than twenty (1020) days following written notice days’ prior request by the other party, execute, acknowledge, and deliver to the other party a statement in writing provided by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver certifying to the other party who gave such noticeor any present or prospective purchaser or mortgagee, or its designateto comply with any audit, a statement in writing certifying that (i) this Lease is the entire agreement between the parties and is unmodified and in full force and effect (or or, if there have been modifications, modifications that the same this Lease is in full force effect as modified, and effect and stating the setting forth such modifications), and (ii) the date to through which the annual rent has been paid, (iii) that Tenant has unconditionally accepted the Leased Premises, or stating any reservations, (iv) the term of this Lease, including any applicable extensions or renewals, (v) the current amount of monthly Base Rent and any other payments Additional Rent, (vi) the present Landlord and Tenant, (vii) the next date on which a rent payment will be due hereunder from Tenant have been paid in advanceand owing, if any, and (viii) either stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not that to the best of knowledge of the signer of such certificate the other party that no default is in default in performance of any covenant agreement known to exist hereunder or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker signer may then have knowledge knowledge, and if requested, (ix) stating such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other factual circumstances as may be reasonably requested by requested, provided that such instrument shall not be drafted to modify or impair any Mortgagee or prospective mortgagee or purchaserright existing under the Lease in favor of the signatory. The failure of either party to execute, acknowledge and deliver to the other a It is intended that any such statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given executing such notice, which statement may be relied on upon by the auditors, and prospective and actual lenders and investors of the other party and by any person holding prospective purchaser or proposing mortgagee of the Property or by any prospective purchaser of Tenant’s business or assets, as the case may be. If the party receiving such request does not respond within such twenty-day period, such silence shall be conclusively deemed to acquire an interest have confirmed and approved all of the items, certifications and representations contained in the Building estoppel certificate provided by the requesting party to the extent the estoppel certificate is consistent with the foregoing provisions, and the requesting party and such present or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date prospective purchaser of such notice and mortgagee shall constitute, as to any person be entitled as aforesaid to rely upon such statementscertificate provided by the requesting party as if the party receiving such request had executed such certificate. However, waiver the parties will not request that estoppel certificates be signed for purposes of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samelitigation between them.

Estoppel Certificate. Landlord and Tenant agree that each willshall, without charge, at any time and from time to time, within ten five (105) business days following written notice of Landlord's request or within five (5) business days of the request of any ground lessor, if any, the holder of any indebtedness secured by the other party hereto specifying that it is given pursuant to this SectionLand, the Building, or both, any purchaser of the Land, the Building, or both, or any person designated by Landlord, execute, acknowledge and deliver to such requesting party a written estoppel certificate certifying, as of the party who gave date of such noticeestoppel certificate, the following: (a) whether or its designate, a statement not Tenant is in writing certifying that possession of the Demised Premises; (b) whether or not this Lease is unmodified and in full force and effect (or if there have has been modificationsa modification, that the same Lease is in full force and effect as modified and stating the setting forth such 62 modifications), ; (c) whether or not the Term has commenced and the date to which full rental is now accruing; (d) the annual rent amounts of Monthly Base Rent and Additional Rent currently due and payable by Tenant; (e) whether or not Tenant has accepted possession of the Demised Premises and is currently operating its business therein; (f) whether or not any other payments due hereunder from Tenant improvements required by the Lease have been paid in advance, if any, and stating made by Landlord to the satisfaction of Tenant; (g) whether or not there are then existing any setoffs, charges, liens, claims or defenses or offsets claimed by against the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance enforcement of any covenant agreement right hereunder, including Monthly Base Rent or condition contained in this LeaseAdditional Rent (and, and if so, Specifying each such default specifying the same in detail); (h) that no Monthly Base Rent (except the first installment thereof) has been paid more than thirty (30) days in advance of which the maker may have its due date; (i) that Tenant has no knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations of any then uncured defaults by Landlord of its obligations under this Lease (and the Guarantor of this Leaseor, if this Tenant has such knowledge, specifying the same in detail); (j) that Tenant is not in default; (k) that the address to which notices to Tenant should be sent is as set forth in the Lease be guaranteed(or, if not, specifying the correct address); and (l) as may be any other certifications reasonably requested by any Mortgagee or prospective mortgagee or purchaserLandlord. The failure of either party Any statement delivered pursuant to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which paragraph may be relied on by an owner of the Building, any person holding prospective purchaser of the Building, any ground lessor or proposing to acquire an prospective ground lessor, any mortgagee or prospective mortgagee of the Building, the Land or both or of Landlord's interest in the Building therein, or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date prospective assignee of such notice mortgagee. Tenant hereby agrees and shall constitute, as acknowledges that any statement delivered to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver Tenant by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented pursuant to in writing this Paragraph 30.1 shall be deemed to be true and correct if not returned to Landlord within five (5) business days following its initial receipt by Landlord, and Tenant shall still remain liable for the sameTenant.

Estoppel Certificate. Each of Landlord and Tenant agree that each willshall, at any time and from time to time, within but no more frequently than twice per Lease Year, upon receipt of not less than ten (10) days following Business Days’ prior written notice by request from the other party hereto specifying that it is given pursuant to this Sectionhereto, execute, acknowledge and deliver to furnish an estoppel certificate executed by an appropriate officer with knowledge of the party who gave such notice, or its designate, a statement in writing matters set forth therein (an “Estoppel Certificate”) certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same this Lease is in full force and effect as modified and stating setting forth the modifications), ; (ii) the Rent and Additional Charges payable hereunder and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant Additional Charges payable have been paid paid; (iii) that the address for notices to be sent to the party furnishing such Estoppel Certificate is as set forth in advancethis Lease (or, if anysuch address for notices has changed, and stating the correct address for notices to such party); (iv) whether or not there are defenses not, to its actual knowledge, such party or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party hereto is in default in the performance of any covenant covenant, agreement or condition contained in this Lease (together with, back-up calculation and information reasonably necessary to support the determination and calculation of the financial calculations required under this Lease, including, without limitation, the calculation of the Escalation amount and Tenant’s compliance with Section 23.3) and, if so, Specifying specifying each such default of which the maker such party may have knowledge knowledge; (v) that Tenant is in possession of the Leased Property; and if requested(vi) responses to such other questions or statements of fact as such other party, such financial information concerning Tenant and any ground or underlying landlord, any purchaser or any current or prospective Fee Mortgagee or Permitted Leasehold Mortgagee shall reasonably request. Landlord’s or Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgmentacknowledgement by such failing party that, by the party given to such noticeparty’s knowledge, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that (x) this Lease is unmodified and in full force and effect except as may be represented to the contrary by the other party; (y) the other party is not in default in the performance of any covenant, agreement or condition contained in this Lease; and that (z) the other matters set forth in such rents have been duly request, if any, are true and fully paid correct. Any such certificate furnished pursuant to an including this Article XXIII may be relied upon by the respective due dates immediately preceding receiving party and any current or prospective Fee Mortgagee, Permitted Leasehold Mortgagee, ground or underlying landlord or purchaser of the date of such notice and shall constituteLeased Property. Each Guarantor or Tenant, as to any person entitled as aforesaid to rely upon such statementsthe case may be, waiver shall deliver a written notice within ten (10) Business Days of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as obtaining knowledge of the date occurrence of a default hereunder. Such notice shall include a detailed description of the default and the actions such notice andGuarantor or Tenant has taken or shall take, unless expressly consented if any, to in writing by Landlord, and Tenant shall still remain liable for the sameremedy such default.

Estoppel Certificate. Landlord Lessor and Tenant Lessee agree that each will, at any time and from time to time, within time upon ten (10) days following written days' prior notice by from the other party hereto specifying that it is given pursuant requesting party, to this Section, execute, acknowledge and deliver to the requesting party who gave and to such notice, or its other persons and entities as such requesting party may designate, a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect as modified and stating the modifications), and (ii) the date to which the annual rent Basic Rent has been paid, (iii) that all Additional Rent that is due and any other payments due hereunder from Tenant have payable on or before such date has been paid in advancefull, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not (iv) that to the best of knowledge of the signer of such certificate certifying party's knowledge, the other requesting party is not in default in performance of observing, performing or complying with any term, covenant agreement or condition contained in this LeaseLease on such party's part to be observed, performed or complied with or, if the certifying party has knowledge of any such default, specifying each such default, (v) that the certifying party has not made and does not have any claim against the requesting party under this Lease or, if so, Specifying each the nature and the dollar amount, if any, of such default claim, (vi) that there do not exist any offsets, defenses or counterclaims against enforcement of which any of the maker may have knowledge terms, covenants or conditions of this Lease to be observed, performed or complied with on the part of the requesting party, or, if so, specifying the same and if requestedthe dollar amount thereof and (vii) in the case of a request by Lessor, such financial further information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if with respect to this Lease or the Premises as Lessor may reasonably request, it being intended that any such statement delivered pursuant to this SECTION shall be guaranteed) as binding on the certifying party and may be reasonably requested relied upon by the requesting party and any Mortgagee designee of the requesting party, including, without limitation, any prospective purchaser of the Premises, any mortgagee or prospective mortgagee or purchaser. The failure of either party to executethe Premises, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof lessor or prospective lessor under any underlying lease of the Premises or this Lease from any assignee or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver prospective assignee of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent mortgagee or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samelessor.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and TenantXxxxxx’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Leased Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to time, furnish within ten (10) days following after written notice request by Landlord a certificate signed by a Tenant certifying (a) that the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (if true) and unmodified (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), (b) as to the Commencement Date and the date to through which the annual rent Base Rental, Estimated Additional Rental and any other payments due hereunder from Tenant Additional Rental have been paid in advancepaid, if any, (c) that Tenant has accepted possession of the Premises and stating whether or not there are defenses or offsets claimed that any improvements required by the maker terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant (if applicable and true), (d) that except as stated in the certificate no rental under this Lease has been paid more than thirty (30) days in advance of its due date, (e) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate), (f) that except as stated in the certificate, Tenant to its knowledge, as of the certificate and whether or not to the best of knowledge of the signer date of such certificate certificate, has no charge, lien, or claim of offset under this Lease or otherwise against Rent or other charges due or to become due hereunder, (g) that to its knowledge, except as stated in the other party certificate, Landlord is not then in default in performance of any covenant agreement or condition contained in under this Lease, and if so(h) that there are no renewal or extension options, Specifying each such default purchase options, rights of which first refusal or the maker may have knowledge and if requested, such financial information concerning like in favor of Tenant and Tenant’s business operations (and the Guarantor of this Lease, if except as set forth in this Lease be guaranteedand (i) as to such other matters as may be reasonably requested by Landlord. Any such certificate may be relied upon by any Mortgagee existing or prospective mortgagee Interest Holder or purchaserpurchaser of the Building or the Land or any part thereof or interest of Landlord therein. The failure of either party Landlord agrees periodically to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section furnish within said ten (10) business day period shall constitute an acknowledgment, days after written request by Tenant a certificate signed by a Landlord certifying (a) that the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents unmodified (or if there have been duly modifications, that the same is in full force and fully paid effect as modified and stating the modifications), (b) as to an including the respective due dates immediately preceding Commencement Date and the date of such through which Base Rental, Estimated Additional Rental and Additional Rental have been paid, (c) that the address for notices to be sent to Landlord is as set forth in this Lease (or has been changed by notice duly given and shall constituteis as set forth in the certificate), (d) that, except as to any person entitled as aforesaid to rely upon such statementsstated in the certificate, waiver of any defaults which may exist prior Landlord (to the date of such notice; providedLandlord’s knowledge), however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice andcertificate, unless expressly consented has no charge, lien, or claim of offset under this Lease or otherwise against Rent or other charges due or to become due hereunder, (e) that, except as stated in writing by the certificate, Tenant (to the Landlord’s knowledge), is not then in default under this Lease, and Tenant shall still remain liable for the same(f) as to such other matters as may be reasonably requested by Tenant.

Estoppel Certificate. Landlord Lessee will execute and Tenant agree that each will, at any time and from time deliver to timeLessor, within ten (10) days following after written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designaterequest from Lessor, a statement written Estoppel Certificate in writing certifying form prepared by Lessor certifying: (i) that this Lease is unmodified and in full force and effect (or, if modified, specifying each such modification); (ii) the Commencement Date and expiration of the Lease Term; (iii) the absence or if there have been modificationsstatus of any rights of Lessee to renew, that extend, or otherwise alter the same is in full force and effect and stating Lease Term or to lease additional space or alter the modifications), and definition of the Premises; (iv) the date to which the annual rent and any other payments due hereunder from Tenant have been charges are paid in advance, if any; (v) that there are not, to Lessee’s knowledge, any uncured Defaults on the part of Lessor, or stating the nature of any uncured Defaults; (vi) the current Base Rent amount and the amount and form of the Security Deposit on deposit with Lessor; (vii) that Lessor has completed any promised improvements to the Premises and paid any promised improvement allowance (or detailing any work to be performed or allowance to be paid); and (viii) any other information requested, including but not limited to, any requested information regarding Hazardous Materials. Any such Estoppel Certificate may be relied upon by Lessor, and stating whether also by any actual or not there are defenses prospective buyer or offsets claimed by the maker lender of the certificate Property and whether or not any other third party designated by Lessor (the “Beneficiaries”). If Lessee fails to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge execute and deliver to the other a statement in accordance with the provisions of this Section such Estoppel Certificate within said such ten (10) business day period period, then without waiver of Default or of any other right or remedy of Lessor, Lessor shall constitute an acknowledgmenthave the right to deliver to the Beneficiaries a completed Substitute Estoppel Certificate regarding this Lease certifying the matters which Lessee was requested to certify in the Estoppel Certificate. A notice enclosing a copy of the Substitute Estoppel Certificate shall be simultaneously sent to Lessee. Each statement in the Substitute Estoppel Certificate shall be deemed true, by and shall be binding upon Lessee, unless Lessee provides, within five (5) days of the party given such receipt of Lessor’s notice, which may be relied written notice addressed to Lessor and the Beneficiaries disagreeing with such statement on by specific grounds. Lessee shall defend and indemnify Lessor regarding any person holding or proposing to acquire an interest claim that a statement in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease Substitute Estoppel Certificate to which Lessee did not so disagree is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameinaccurate.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Within ten (10) days following after receipt of written notice by the other party hereto specifying that it is given pursuant to this Sectionrequest from Landlord, execute, acknowledge Tenant shall execute and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certificate stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent, or other payment constituting Rent which has been paid, (v) whether or not there are defenses Tenant or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in performance favor of any covenant agreement Tenant, and (vi) such other reasonable matters as Landlord may reasonably request regarding Landlord or condition contained in Tenant’s compliance with the terms of the Lease. Tenant’s failure to deliver such certificate within such ten day period shall be deemed a material Event of Default under this Lease, provided it shall also be deemed conclusive upon Tenant for the benefit of Landlord, and if soany successor in interest to Landlord, Specifying each such default any lender or proposed lender, and any purchaser or proposed purchaser of which the maker may have knowledge and if requestedProject that, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) except as may be reasonably requested represented by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to executeLandlord, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and effect, no Rent has been paid more than thirty (30) days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant. Tenant will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Landlord, execute an estoppel certificate in favor of Landlord’s proposed lender or Transferee including all the matters described above, together with such additional statements as may be customarily required by the proposed lender or Transferee, including without limitation, (i) the status of all improvements made to the Premises, (ii) a certification that such rents have no Hazardous Materials are used in connection with the Premises, (iii) an acknowledgment that this Lease has been duly and fully paid or is being assigned as additional security for any Loan secured by the Premises, (iv) that Lender shall not be bound by any modification, amendment, termination or surrender of the Lease made without Lender’s written consent, (v) that after expiration of any notice period applicable to an including the respective due dates immediately preceding the date of such Landlord, Tenant shall provide Lender with notice and shall constitutean opportunity to cure such default equivalent to that provided to Landlord, as to any person entitled as aforesaid to rely (vi) that Landlord, Lender or Purchaser is relying upon such statementscertification, waiver of any defaults which and (vii) such other reasonable matters as Landlord or its Lender may exist prior reasonably request. Failure to the date of provide such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver documentation within ten (10) days after written request by Landlord shall be deemed an Event of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameDefault under this Lease.

Estoppel Certificate. Landlord and Within ten days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such noticeLandlord, or its designatein recordable form, a statement in writing certifying certificate (“Estoppel Certificate”) stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then‑current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, if any(iv) the amount of any security deposit, and stating prepaid rent or other payment constituting Rent which has been paid, (v) whether or not there are defenses Tenant or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default under this Lease and whether there currently exist any defenses or rights of offset under the Lease in performance favor of Tenant, (vi) that any covenant agreement work required to be performed by Landlord under this Lease is complete (or condition contained stating any exceptions), (vii) that any tenant improvement allowance has been paid (or stating any exceptions), and (viii) such other matters as Landlord may reasonably request. Tenant's failure to deliver such certificate within such ten day period shall be conclusive upon Tenant for the benefit of Landlord, and any successor in interest to Landlord, any lender or proposed lender, and any purchaser or proposed purchaser of the Project that, except as may be represented by Landlord, this Lease is unmodified and in full force and effect, no Rent has been paid more than 30 days in advance, neither Tenant nor Landlord is in default under this Lease, no defenses or rights of offset under the Lease exist in favor of Tenant, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenantthat all Landlord’s business operations (and the Guarantor of this Lease, if Work required by this Lease be guaranteedis complete. Landlord will similarly, in connection with any lending or Transfer transaction, upon ten days written request from Tenant, execute an estoppel certificate in favor of Tenant's proposed lender or Transferee confirming (i) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then‑current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly paid in advance, (iv) the amount of any security deposit, prepaid rent, or other payment constituting Rent which has been paid, and fully paid (v) whether or not to the best of Landlord's knowledge Tenant is in default under this Lease. The requirement for Tenant to execute and deliver to Landlord, the Estoppel Certificate, as required above, shall not be delayed, conditioned, or withheld for any reason; this requirement shall be an including the respective due dates immediately preceding the date independent covenant of Tenant under this Lease. If Tenant fails to execute and deliver to Landlord a requested estoppel certificate within ten days after its receipt of request therefor, then in addition to Landlord's other rights and remedies on account of such notice default, Tenant shall owe Landlord Additional Rent (which amount shall be payable upon demand) in an amount equal to $100.00 for each day beyond such ten-day period that it delays in the execution and shall constitute, delivery thereof (as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which daily sum may exist prior be increased from time-to-time pursuant to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameRules).

Estoppel Certificate. Landlord and Tenant agree that each willshall, at any time and from time to timeupon requested by Landlord, within ten (10) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionLandlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certifying: (a) that this Lease is unmodified and in full force and effect effect, (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease, as so modified, is in full force and effect and stating effect); (b) the modifications), and the date dates to which the annual rent Annual Basic Rent, Additional Rent and any other payments due hereunder from Tenant have been charges are paid in advance, if any, and stating whether or not ; (c) that there are defenses not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder or offsets claimed by specifying such defaults if any are claimed; (d) that Tenant has paid Landlord the maker Security Deposit, (e) the Commencement Date and the scheduled expiration date of the certificate Lease Term, (f) the rights (if any) of Tenant to extend or renew this Lease or to expand the Leased Premises and whether (g) the amount of Annual Basic Rent, Additional Rent and other charges currently payable under this Lease. In addition, such statement shall provide such other information and facts Landlord may reasonably require. Any such statement may be relied upon by any prospective or not to the best existing purchaser, ground lessee or mortgagee of knowledge all or any portion of the signer Property, as well as by any other assignee of such certificate the other party is in default in performance of any covenant agreement or condition contained Landlord's interest in this Lease, and if so, Specifying each . Tenant's failure to deliver such default of which the maker may have knowledge and if requested, statement within such financial information concerning time shall be conclusive upon Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteedi) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and effect, without modification except as may be represented by Landlord; (ii) that such rents have been duly and fully there are no uncured defaults in Landlord's performance hereunder; (iii) that Tenant has paid to an including Landlord the respective due dates immediately preceding Security Deposit; (iv) that not more than one month's installment or Annual Basic Rent or Additional Rent has been paid in advance; (v) that the Commencement Date and the scheduled expiration date of such notice the Lease Term are as stated therein, (vi) that Tenant has no rights to 20- 22 extend or renew this Lease or to expand the Leased Premises, (vii) that the Annual Basic Rent, Additional Rent and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing are as of set forth therein and (viii) that the date of such notice and, unless expressly consented to in writing by Landlord, other information and Tenant shall still remain liable for the samefacts set forth therein are true and correct.

Estoppel Certificate. Landlord and Tenant agree that shall each will, at any time and from time to timetime (in such capacity, “Responding Party”), within ten (10) business days following after written notice by request from the other party hereto specifying that it is given pursuant to this Section(“Requesting Party’), execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that (i) this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease as so modified, is in full force and effect (or if this Lease is claimed not to be in force and stating effect, specifying the modifications), ground therefor) and the date any dates to which the annual rent and any other payments due hereunder from Tenant have Rent has been paid in advance, if anyand the amount of monthly installments of Base Rent and Additional Rent, plus applicable state and local sales and use taxes due thereon, and stating whether or not any Security Deposit, (ii) there are defenses or offsets claimed by not, to the maker Responding Party’s knowledge, any uncured defaults on the part of the certificate and whether Requesting Party hereunder, or not specifying such defaults if any are claimed, (iii) Tenant is in possession of the Premises, if that is the case; (iv) the Responding Party has no off-sets or defenses to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if its obligations under this Lease be guaranteed(or if the Responding Party believes there are any off-sets or defenses, a full and complete explanation thereof); (v) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement Premises have been completed in accordance with the terms and provisions hereof or the Workletter, Tenant has accepted the Premises and the condition thereof and of this Section within said ten all improvements thereto and has no claims against Landlord or any other party with respect thereto; and (10vi) business day period shall constitute an acknowledgmentcertifying as to such other matters as the Requesting Party may reasonably request, or as may be requested by the party given Requesting Party’s current or prospective Holders, insurance carriers, auditors, and prospective purchasers. Any such notice, which statement may be relied on upon by any person holding or proposing such parties. If the Responding Party shall fail to acquire an interest in execute and return such statement within the Building or any party thereof or time required herein, the Premises or this Lease from or through Responding Party shall be deemed to have agreed with the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samematters set forth therein.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge shall execute and deliver to the other party, within twenty (20) days after receipt of a request, an estoppel certificate or other statement to be furnished to any prospective purchaser of, assignee of, or lender against the Lease or the Premises ("ESTOPPEL CERTIFICATE"), substantially in accordance with the provisions form of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such noticeExhibit "D," attached hereto and incorporated hereby, which Estoppel Certificate also shall include such commercially reasonable modifications and additional provisions as are customarily requested by purchasers, assignees or lenders, including, without limitation, any or all of the following matters, to the extent each may be relied true: that the Lease is in effect and not subject to any rental offsets, claims, or defenses to its enforcement; the commencement and expiration dates of the term; that Tenant is paying rent on a current basis; that any improvements required to be furnished under the Lease have been completed in all respects; that the Lease constitutes the entire agreement between Tenant and Landlord relating to the Premises; that Tenant has accepted the Premises and is in possession thereof; that the Lease has not been modified, altered, or amended except in specified respects by specified instruments; that the certifying party has no notice of any person holding prior assignment, hypothecation, or proposing pledge of rents or the Lease; and such other matters as reasonably may be requested. Tenant shall also, upon request of Landlord, certify and agree for the benefit of any lender against the Premises or the building ("Lender") that Tenant will not look to acquire an such Lender: as being liable for any act or omission of Landlord; as being obligated to cure any defaults of Landlord under the Lease which occurred prior to the time Lender, its successors or assigns, acquired Landlord's interest in the Building Premises by foreclosure or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteotherwise, as to being bound by any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing Additional Rent by Tenant to Landlord for more than one (1) month in advance; or as being bound by Landlord to any amendment or modification of the date Lease without Lender's written consent. Failure to deliver the documents required under this Section 19 in the time period required shall constitute an Event of such Default without the need for any notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameor cure period.

Estoppel Certificate. Landlord Upon request therefor, Tenant agrees to execute and Tenant agree that each willdeliver (and cause any Guarantor of this Lease to execute and deliver) to Landlord, at or any time and from time to timeparty designated by Landlord, within ten (10) business days following after receipt of Landlord's written notice request accompanied by the other party hereto specifying that it is given pursuant necessary form, an "ESTOPPEL CERTIFICATE" (herein so called) wherein Tenant certifies as to the existence of certain existing facts with respect to this SectionLease and the Landlord's and Tenant's performance hereunder and/or with regard to Guarantor's liability on the Guaranty, executesuch matters to include, acknowledge and deliver without limitation (the language of these examples is not dispositive as to the party who gave wording of such notice, or its designate, statements that may be requested in a statement in writing certifying given Estoppel Certificate) (A) as to Tenant's certifications: (i) that this Lease and any written amendments hereto form the entire agreement of Landlord and Tenant regarding Tenant's use and/or occupancy of the Premises and Facility; (ii) that all initial and post-occupancy construction obligations, payments to Tenant and rental adjustments to Tenant on account of construction (if any) have been completed and/or paid in full (or if not, then indicating the specific extent to which they are not), and the Premises and Facility have been accepted by Tenant (if they have); (iii) that Tenant has no knowledge that any improvements on the Premises are not in compliance with applicable laws or Restrictions; (iv) that Tenant is unmodified not affected by any bankruptcy, receivership or other similar legal proceedings; (v) that Tenant is specifically in compliance with provisions of this Lease with regard to Hazardous Materials; (vi) the amount of any security deposit held by Landlord under this Lease; and (vii) the date through which Base Rental (and other rents) have been paid by Tenant, and (B) as to Guarantor's certifications: (i) that the Guaranty is in full force and effect (or and unmodified); (ii) that Guarantor as an entity took all proper action and obtained all proper authorizations to issue the Guaranty; and (iii) if there have been modificationsGuarantor is an entity, that Guarantor is (and at the time of execution of the Guaranty was) a duly formed entity of the nature stated in the jurisdiction of organization stated therein, and had and has full power and authority to execute, deliver and perform the Guaranty. If Guarantor is an entity formed other than as a U.S. domestic entity, Tenant may be required as part of such Estoppel Certificate to obtain and attach thereto a legal opinion of its outside legal counsel, in form reasonably acceptable to the prospective buyer or Mortgagee, attesting to the due existence of Guarantor and that the Guaranty is duly binding on and effective as against Guarantor, but if the same is in full force and effect and stating the modifications), and the date to which the annual rent and any other payments due hereunder from requested then Tenant shall have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said an additional ten (10) days after the date that the Estoppel Certificate is due in which to deliver such additional materials. Exceptions to Landlord performance must be detailed in writing and attached to and made a part of the requested Estoppel Certificate within the same 10 business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametime period.

Estoppel Certificate. Landlord and The Tenant agree that each willagrees that, at any time and from time to timetime upon not less than ten days prior request by Landlord, within ten (10) days the Tenant, or Tenant's duly authorized representative having knowledge of the following written notice by the other party hereto specifying that it is given pursuant to this Sectionfacts, execute, acknowledge and will deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, modifications that the same Lease as modified is in full force and effect effect); (ii) the dates to which Rent and stating other charges have been paid; (iii) that the modifications)Landlord is not in default under any provision of this Lease, or, if in default, the nature thereof in detail; and (iv) such further matters as are set forth on the form of estoppel certificate attached hereto as Exhibit C and made a part hereof, it being intended that any such statement may be relied upon by any prospective purchaser or tenant of the Building, any mortgagees or prospective mortgagees thereof, or any prospective assignee of any mortgage thereof. Tenant shall execute and deliver whatever instruments may be required for such purposes, and in the date event Tenant fails so to which do within twenty (20) days after demand in writing. Tenant shall be considered in default under this Lease. 12 36 STANDARD MORTGAGEE PROTECTION CLAUSE Tenant agrees to give any Mortgagees and/or Trust Deed Holders, by Registered Mail, a copy of any Notice of Default served upon the annual rent Landlord, provided that prior to such notice tenant has been notified, in writing, (by way of Notice of Assignment of Rents and any other payments due hereunder from Tenant have been paid in advanceLeases, if any, and stating whether or not there are defenses or offsets claimed by the maker otherwise) of the certificate and whether or not to the best of knowledge of the signer address of such certificate Mortgagees and/or Trust Deed Holders. Tenant further agrees that if Landlord shall have failed to cure such default within the other party is in default in performance of any covenant agreement or condition contained time provided for in this Lease, and if so, Specifying each then the Mortgagees and/or Trust Deed Holders shall have an additional thirty (30) days within which to cure such default of which the maker may have knowledge and or if requestedsuch default cannot be cured within that time, then such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) additional time as may be reasonably requested by necessary if within such thirty (30) days, any Mortgagee or prospective mortgagee or purchaser. The failure and/or Trust Deed Holder has commenced and is diligently pursuing the remedies necessary to cure such default, (including but not limited to commencement of either party foreclosure proceedings, if necessary to execute, acknowledge and deliver to the other a statement effect such cure) in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or event this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that shall not be terminated while such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameremedies are being so diligently pursued. 20.

Estoppel Certificate. Landlord and Tenant agree that each will, shall at any time and from time to time, within time upon not less than ten (10) days following written days’ prior notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the date dates to which the annual rent and any other payments due hereunder from Tenant have Rent has been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this LeaseLease and, and if so, Specifying specifying each such default default, and such other facts, to the best of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseknowledge, if this Lease be guaranteed) as Landlord may reasonably request, it being intended that any such statement delivered pursuant hereto may be reasonably requested relied upon by any prospective purchaser of the Building or of any interest of Landlord therein, any Mortgagee or prospective mortgagee Mortgagee thereof, any master or purchaserground lessor or prospective master or ground lessor thereof, any master or ground lessee or prospective master or ground lessee thereof, or any prospective assignee of any mortgage thereof. The failure Time is of either party the essence with respect to executeany such requested certificate, acknowledge Tenant hereby acknowledging the importance of such certificates in mortgage financing arrangements, prospective sales and the like. If Tenant shall fail to execute and deliver to Landlord any such statement within such ten-day period, Landlord shall have the other right to charge Tenant a statement in accordance with the provisions of this Section within said ten (10) business fee equal to $100 per day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified until executed and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlorddelivered, and Tenant shall still remain liable for the samepay such fee, as additional rent, within thirty (30) days after demand therefor.

Estoppel Certificate. Landlord and Tenant agree that each willAt any time, at any time and from time to time, upon the written request of Landlord or any Mortgagee, Tenant, within ten twenty (1020) days following of the date of such written notice by the other party hereto specifying that it is given pursuant request, agrees to this Section, execute, acknowledge execute and deliver to the party who gave Landlord and/or couch Mortgagee, without charge and in a form satisfactory to Landlord and/or such notice, or its designateMortgagee, a statement in writing written statement: (a) ratifying this Lease; (b) confirming the commencement and expiration dates of the Term of this Lease; (c) certifying that this Lease Tenant is unmodified in occupancy of the Premises and in full force and effect (or if there have been modifications, that the same Lease is in full force and effect and has not been modified, assigned, subleased, supplemented, or amended except by such writings as shall be stated; (d) certifying that an conditions and agreements under this Lease to be satisfied or performed by Landlord have been satisfied and performed except as shall be stated; (e) certifying that Landlord is not in default under the Lease and there are no defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord, or stating the modifications)defaults, defenses, set-offs, recoupments and/or counterclaims claimed by Tenant; (f) reciting the amount of advance Rent, if any, paid by Tenant and the date to which such Rent has been paid; (g) reciting the annual rent and any other payments due hereunder from Tenant have been paid in advanceamount of the Security Deposit held by Landlord, if any, ; and stating whether (h) containing any other information that Landlord or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchasershall require. The failure of either party Tenant to execute, acknowledge acknowledge, and deliver to the other Landlord and/or any Mortgagee a statement in accordance with the provisions of this Section within said ten (10) business day the period set forth herein shall constitute an acknowledgment, acknowledgment by the party given such notice, which Tenant that may be relied on upon by any person holding or proposing intending to acquire an any interest whatsoever in the Building or any party thereof or the Premises or this Lease from or through the other partyBuilding, that this Lease has not been assigned, amended, changed, or modified, is unmodified and in full force and effect effect, and that such rents the annual Minimum Rent and Additional Rent have been duly and fully paid to an including not beyond the respective due dates immediately preceding the date of the request for such notice and statement. Such failure shall constitute, also constitute as to any person persons entitled as aforesaid to rely upon on such statements, statements a waiver of any defaults by Landlord or defenses, set-offs, recoupments, or counterclaims against the enforcement of this Lease by Landlord which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samewritten request.

Estoppel Certificate. Landlord and Tenant agree NL Companies hereby agrees that each will, at any time and from time to time, within ten (10) days following after written notice by the other party hereto specifying that demand of Administrative Agent, it is given pursuant to this Section, shall execute, acknowledge and deliver a certification setting forth the total amount of indebtedness owed to it which shall be then secured by any portion of the Property, and any and all such certifications shall be conclusive as to the party who gave matters set forth therein, and shall be fully binding upon NL Companies, its successors and assigns. Notwithstanding the foregoing, NL Companies shall not be obligated to give such notice, or certification more frequently than once every other calendar month. 23. Governing Law/Successors and Assigns/Joint and Several Liability/Counterparts. This Agreement shall be governed by the laws of the State of New Jersey (without reference to its designate, a statement in writing certifying conflict of laws principles). This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. NL and NL EMS acknowledge and agree that they have executed this Lease is unmodified Agreement jointly and in full force severally and effect (or if there have been modifications, that the same is term "NL Companies" refers to each individually and to them collectively and as such jointly and severally. This Agreement may be executed in full force separate counterpart signature pages. 24. Forum. Administrative Agent, on behalf of itself and effect and stating the modifications)other Banks, and NL Companies each hereby irrevocably submits generally and unconditionally to the date jurisdiction of any state court or any United States federal court sitting in the State of New Jersey, over any suit, action or proceeding arising out of or relating to which this Agreement or the annual rent Bank Loan Obligations or the NL Loan Obligations. Administrative Agent, on behalf of itself and the other Banks, and NL Companies each hereby irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue in any such court and any other payments due hereunder from Tenant have been paid in advanceclaim that any such court is an inconvenient forum. 25. WAIVER OF JURY TRIAL. ADMINISTRATIVE AGENT, if anyON BEHALF OF ITSELF AND THE OTHER BANKS, AND NL COMPANIES WAIVE TRIAL BY JURY IN RESPECT OF ANY CLAIM, COUNTERCLAIM, ACTION OR CAUSE OF ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY MADE BY ADMINISTRATIVE AGENT AND NL COMPANIES AND ADMINISTRATIVE AGENT AND NL COMPANIES HEREBY REPRESENT THAT NO REPRESENTATIONS OF FACT OR OPINION HAVE BEEN MADE BY ANY PERSON OR ENTITY TO INDUCE THIS WAIVER OF TRIAL BY JURY OR TO IN ANY WAY MODIFY OR NULLIFY ITS EFFECT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT. ADMINISTRATIVE AGENT AND NL COMPANIES ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION 25 IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER OF JURY TRIAL. ADMINISTRATIVE AGENT AND NL COMPANIES EACH FURTHER REPRESENTS AND WARRANTS THAT IT HAS BEEN REPRESENTED IN THE SIGNING OF THIS AGREEMENT AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY INDEPENDENT LEGAL COUNSEL SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. 26. Reinstated and stating whether or not there Amended Settlement Agreement. Borrower, NL Companies, Sayreville Economic and Redevelopment Agency and County of Middlesex are defenses or offsets claimed all parties to that certain Reinstated and Amended Settlement Agreement and Release, dated as of June 26, 2008, as amended by that certain Amendment to "Reinstated and Amended Settlement Agreement and Release dated September 25, 2008 (the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained "Four Party Agreement"). Nothing in this Lease, and if so, Specifying each such default of which Agreement is intended to modify or amend the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserFour Party Agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.SIGNATURES ON FOLLOWING PAGE

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to timeshall, within ten (10) days following after receipt of written notice by the other party hereto specifying that it is given pursuant to this Sectionfrom Landlord, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing substantially in the form attached to this Lease as Exhibit H, or on any other form reasonably requested by a current or proposed Lender or encumbrancer or proposed purchaser, (a) certifying that this Lease is unmodified and in full force and effect (or or, if there have been modificationsmodified, stating the nature of such modification and certifying that the same this Lease as so modified is in full force and effect and stating the modifications), effect) and the date dates to which the annual rent rental and any other payments due hereunder from Tenant have been charges are paid in advance, if any, and stating whether or not (b) acknowledging that there are defenses not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or offsets claimed specifying such defaults if any are claimed, and (c) setting forth such further information with respect to this Lease or the Premises as may be requested thereon. Any such statement may be relied upon by the maker any prospective purchaser or encumbrancer of all or any portion of the certificate and whether or not Property. Tenant’s failure to deliver such statement within such the best of knowledge of the signer of prescribed time if such certificate the other party is in default in performance of any covenant agreement or condition contained in failure continues for more than five (5) days after Landlord gives Tenant written notice thereof shall, at Landlord’s option, constitute a Default (as defined below) under this Lease, and, in any event, the statements contained in the certificate prepared by Landlord and if sodelivered to Tenant for execution shall be binding upon Tenant. Landlord shall, Specifying each such default within ten (10) days after receipt of which written notice from Tenant delivered in connection with a bona fide merger or sale transaction of Tenant (including any assignment of the maker may have knowledge and if requestedLease in connection therewith) or financing transaction, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest writing substantially in the Building or any party thereof or the Premises or form attached to this Lease from or through the other partyas Exhibit I, (x) certifying that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including (or, if modified, stating the respective due dates immediately preceding the date nature of such notice modification and shall constitute, certifying that this Lease as so modified is in full force and effect) and the dates to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or rental and other charges existing as are paid in advance, if any, (y) acknowledging that there are not, to Landlord’s knowledge, any uncured defaults on the part of the date of Tenant hereunder, or specifying such notice and, unless expressly consented to in writing by Landlorddefaults if any are claimed, and Tenant shall still remain liable for (z) setting forth such further reasonable information with respect to this Lease or the samePremises as may be requested thereon.

Estoppel Certificate. Landlord and Within 10 days after written request from Landlord, Tenant agree that each will, at any time and from time to time, within ten (10) days following written notice by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge shall execute and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certificate (“Estoppel Certificate”) stating (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is in full force and effect as modified, and stating all modifications, (ii) the modifications)then‑current Basic Monthly Rent, and (iii) the date dates to which the annual rent and any other payments due hereunder from Tenant have Basic Monthly Rent has been paid in advance, (iv) the amount of any security deposit or letter of credit, if anyapplicable, and stating prepaid rent or other payment constituting Rent which has been paid, (v) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not Tenant or, to the best of knowledge of the signer of such certificate the other party Tenant, Landlord is in default under this Lease and whether, to the knowledge of Tenant, there currently exist any defenses or rights of offset under the Lease in performance favor of Tenant, (vi) that any covenant agreement work required to be performed by Landlord under this Lease is complete (or condition contained in this Leasestating any exceptions), (vii) that any tenant improvement allowance has been paid (or stating any exceptions), and if so(viii) such other matters as Landlord may reasonably request. Landlord will similarly, Specifying each such default in connection with any lending or Transfer transaction, upon 10-days written request from Tenant, execute an estoppel certificate in favor of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations Xxxxxx's proposed lender or Transferee confirming (and the Guarantor of this Lease, if this Lease be guaranteedi) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect, or in full force and effect as modified, and that such rents have stating all modifications, (ii) the then‑current Basic Monthly Rent, (iii) the dates to which Basic Monthly Rent has been duly paid in advance, (iv) the amount of any security deposit or letter of credit, if applicable, prepaid rent, or other payment constituting Rent which has been paid, and fully paid (v) whether or not to an including the respective due dates immediately preceding best of Landlord's knowledge Tenant is in default under this Lease. The requirement for Tenant to execute and deliver to Landlord, the date of such notice and shall constituteEstoppel Certificate, as to required above, shall not be delayed, conditioned, or withheld for any person entitled as aforesaid to rely upon such statements, waiver reason; this requirement shall be an independent covenant of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of Tenant under this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time to time, within Within ten (10) business days following written notice after request by Landlord or any prospective Mortgagee or purchaser of the other party hereto specifying that it is given pursuant Building, Tenant agrees to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designate, a statement in writing execute an Estoppel Certificate certifying (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that the same this Lease as modified is in full force and effect and stating effect); (ii) the modifications), and the date dates to which Rent has been paid; (iii) that Tenant is in the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker possession of the certificate and whether or Premises if that is the case; (iv) that Landlord is not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in under this Lease, and if so, Specifying each such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Leaseor, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no offsets or defenses to the performance of its obligations under this Lease be guaranteed(or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) as may be reasonably requested by that the Premises have been completed and Tenant has accepted the Premises and all improvements thereto and has no claims against Landlord with respect thereto; (vii) that Tenant will give to any Mortgagee copies of all notices required or prospective mortgagee or purchaserpermitted to be given by Tenant to Landlord; and (viii) to any other information reasonably requested. The failure of either party If Tenant fails to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section an Estoppel Certificate within said such ten (10) business day period period, Landlord shall constitute an acknowledgmentprovide Tenant with a second written request for the execution of the Estoppel Certificate (a “Second Request”) that contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR EXECUTION OF AN ESTOPPEL CERTIFICATE PURSUANT TO THE PROVISIONS OF ARTICLE 17 OF THE LEASE. IF TENANT FAILS TO RESPOND WITHIN TWO (2) BUSINESS DAYS AFTER THIS REQUEST BY LANDLORD, by the party given THEN TENANT SHALL (I) BE DEEMED IN DEFAULT OF THIS LEASE BEYOND ANY APPLICABLE NOTICE AND CURE PERIOD AND (II) CHARGED THE SUM OF $250 FOR EACH DAY BY THAT TENANT FAILS TO EXECUTE AND DELIVER THE ESTOPPEL CERTIFICATE DESCRIBED HEREIN.” If Tenant fails to respond to such noticeSecond Request within two (2) business days after such Second Request, which may Tenant shall (i) be relied on by any person holding or proposing deemed to acquire an interest be in the Building or any party thereof or the Premises or Default of this Lease from beyond any applicable cure or through the other party, that this Lease is unmodified grace period provided for herein and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute(ii) be charged, as Additional Rent, the sum of $250 for each day that Tenant fails to any person entitled as aforesaid to rely upon execute and deliver such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameEstoppel Certificate.

Estoppel Certificate. Landlord and Tenant agree that each willLessee shall, at any time and from time to time, time and within ten (10) days following written notice after request therefore by the other party hereto specifying that it is given pursuant to this SectionLessor, execute, acknowledge and deliver to the party who gave such notice, Lessor or its designateAgent a written Estoppel Certificate in recordable form. The Estoppel Certificate shall certify to the Lessor, a statement its Mortgagee or other party designated by the Lessor, as of the date of such Estoppel Certificate that (a) the Lessee is in writing certifying possession of Premises and is currently paying the Base Rent reserved hereunder; (b) the following Lease dates are and have been established: the Commencement Date and Termination Date of the Lease and that date upon which the Lessee started to pay rent; (c) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same is are in full force and effect as modified and stating the setting forth such modifications), and the date to which the annual rent and any other payments due hereunder from Tenant have been paid in advance, if any, and stating whether or not ; (d) that there are no existing set-offs or defenses against the enforcement of any rights or offsets claimed by the maker remedies of the certificate and whether Lessor, or not to the best of knowledge any duty or obligation of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in this LeaseLessee, hereunder, and if so, Specifying each specify the same in detail; and (e) that the Lessee has no knowledge of any event having occurred that will authorize the termination of this Lease by the Lessee, or that the Lessee has no knowledge of any uncured defaults on the part of the Lessor under this Lease, or if the Lessee has such default of which knowledge, specifying the maker may have knowledge same in detail. In the event that the Lessee does not execute and if requesteddeliver such Estoppel Certificate, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor as required herein, then this Article 12, for purposes of this Lease, if this Lease shall be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgmentIrrevocable Power of Attorney, by appointing and designating the party given such noticeLessor, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified its successors and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constituteassignees, as the Lessee’s attorney-in-fact to any person entitled execute and deliver such Estoppel Certificate as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; herein provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the same.

Estoppel Certificate. Landlord and Tenant agree that each willagrees, at any time anytime, and from time to time, within upon not less than ten (10) days following written days’ prior notice by the other party hereto specifying that it is given pursuant Landlord, to this Section, execute, acknowledge and deliver to the party who gave such notice, or its designateLandlord, a statement in writing in a form acceptable to Landlord addressed to Landlord or such other party designated by Landlord certifying that this Lease is unmodified and in full force and effect without modification (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the date lease, the dates to which the annual rent rent, and any other payments due hereunder from Tenant have been paid in advancecharges, if any, have been paid, that the Premises have been completed on or before the date of such certification, that all conditions precedent to the lease taking effect have been carried out, that Tenant has accepted possession, that the lease term has commenced, that Tenant is occupying the Premises and is open for business, and stating whether or not there are defenses or offsets claimed exists any default by either party in the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement covenant, agreement, term, provision or condition contained in this Lease, and and, if so, Specifying specifying each such default of which the maker signer may have knowledge and the claims or offsets, if requestedany, claimed by Tenant; it being intended that any such financial information concerning statement delivered pursuant hereto may be relied upon by Landlord or a purchaser of Landlord’s interest and by any mortgagee or prospective mortgagee of any mortgage affecting the Premises or the Shopping Center. If Tenant does not deliver such statement to Landlord within such ten (10) days period, Landlord and any prospective purchaser or encumbrancer may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month’s minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease. In such event, Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days’ written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give prompt written notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant’s business operations (and the Guarantor right of self‑help under this Lease, if any, or terminating or declaring a default under this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameLease.

Estoppel Certificate. Landlord and Tenant agree that each willEach party shall, at any time and from time to time, within ten (10) 10 days following written notice after request by the other party hereto specifying that it is given pursuant to this Sectionparty, execute, acknowledge execute and deliver to the requesting party who gave (or to such notice, person or its entity as the requesting party may designate, ) a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), certifying the Commencement Date, Expiration Date and the date dates to which the annual rent Fixed Rent and any other payments due hereunder from Tenant Additional Charges have been paid in advancepaid, if anythe amount of Fixed Rent, the Tax Payment and stating whether or not there are defenses or offsets claimed by the maker of the certificate Operating Payment then payable under this Lease and whether or not any amount of Rent has been paid more than one (1) month in advance, the amount of the Security Deposit paid by Tenant, whether or not Tenant is in possession of the Premises, whether or not all improvements required to be constructed by Landlord have been completed in accordance with the terms of this Lease, whether or not all allowances or contributions required to be paid by Landlord toward the cost of improvements constructed by Tenant have been paid, and whether or not, to the best of knowledge of the signer of such certificate party, the other party is in default in performance of any covenant agreement or condition contained in of its obligations under this Lease, and and, if so, Specifying specifying each such default of which such party has knowledge, it being intended that any such statement shall be deemed a representation and warranty to be relied upon by the maker may have knowledge and if requested, party to whom such financial Statement is addressed. Tenant also shall include or confirm in any such statement such other information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as Landlord may reasonably request or as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other lender that may provide a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, loan secured by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building Project or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sameinterest therein.

Estoppel Certificate. Landlord and Tenant agree that each will, at 19.1 At any time and from time to time, Tenant shall, within ten fifteen (1015) days following after written notice request by the other party hereto specifying that it is given pursuant to this SectionXxxxxxxx, execute, acknowledge and deliver to the party who gave such notice, or its designate, Landlord a statement in writing certifying certificate certifying: (a) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, that the same this Lease is in full force and effect as modified, and stating the modificationsdate and nature of each modification), ; (b) the Commencement Date and the date to which Expiration Date determined in accordance with Article 2 hereof and the annual rent and any other payments due hereunder from Tenant have been paid in advancedate, if any, to which all rent and stating whether or other sums payable hereunder have been paid; (c) that no notice has been received by Tenant of any default by Tenant hereunder which has not there are defenses or offsets claimed by the maker of the certificate and whether or been cured, except as to defaults specified in such certificate; (d) that Landlord is not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained in under this Lease, except as to defaults specified in such certificate; and if so, Specifying each (e) such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by Landlord or any Mortgagee actual or prospective mortgagee purchaser or purchasermortgage lender. The Tenant shall indemnify, defend, protect and hold Landlord from and against any and all loss, cost, damage or liability of any kind incurred by Landlord as a result of Tenant's failure of either party to execute, acknowledge and deliver to the other a statement in accordance timely comply with the provisions of this Section 19.1, if such failure to timely comply is within said ten (10) business day period shall constitute an acknowledgment, by the party given reasonable control of Tenant Any such notice, which certificate may be relied on upon by Landlord and any person holding actual or proposing to acquire an interest in prospective purchaser or mortgage lender of the Building or any party thereof or part thereof. At any time and from time to time, Tenant shall, within fifteen (15) days after written request by Xxxxxxxx, deliver to Landlord copies of all current financial statements (including, without limitation, a balance sheet, an income statement, and an accumulated retained earnings statement), annual reports, and other financial and operating information and data of Tenant prepared by Tenant in the Premises or this Lease from or through course of Tenant's business. Unless available to the other partypublic, that this Lease is unmodified and in full force and effect and that Landlord shall disclose such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such financial statements, waiver of any defaults which may exist prior annual reports and other information or data only to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent actual or other charges existing as prospective purchasers or mortgage lenders of the date of such notice and, unless expressly consented to in writing by LandlordBuilding or any part thereof, and Tenant shall still remain liable for the sameotherwise keep them confidential unless other disclosure is required by law.

Estoppel Certificate. Landlord and Tenant agree that each will, at any time and from time agrees periodically to timefurnish, within ten twenty (1020) days following written notice after so requested by the other party hereto specifying that it is given pursuant to this Section, execute, acknowledge and deliver to the party who gave such noticeLandlord, or its designateany ground lessor or the holder of any deed of trust, mortgage or security agreement covering the Building, the Land or any interest of Landlord therein, a statement in writing certifying certificate signed by Tenant certifying: (i) that this Lease is unmodified and in full force and effect and unmodified (or or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), ; (ii) as to the Commencement Date and the Rent Commencement Date and the date to through which the annual rent Base Rental and any other payments due hereunder from Tenant Forecast Additional Rental have been paid; (iii) whether Tenant accepted possession of the Leased Premises and if any improvements required by the terms of this Lease to be made by Landlord have been completed to the satisfaction of Tenant; (iv) that, except as stated in the certificate, whether Rent payable under this Lease has been paid more than thirty (30) days in advanceadvance of its due date; (v) that the address for notices to be sent to Tenant is as set forth in this Lease (or has been changed by notice duly given and is as set forth in the certificate); (vi) that, if anyexcept as stated in the certificate, and stating Tenant as of the date of such certificate, has no charge, lien or claim of offset under this Lease or otherwise against rentals or other charges due or to become due hereunder; (vii) that, except as stated in the certificate, whether or not Landlord is then in default under this Lease; (viii) as to the amount of Net Rentable Area then occupied by Tenant; (ix) that there are defenses no renewal or offsets claimed by extension options, purchase options, rights of first refusal or the maker like in favor of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party is in default in performance of any covenant agreement or condition contained Tenant except as set forth in this Lease, ; and if so, Specifying each (x) as to such default of which the maker may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) other matters as may be reasonably requested by Landlord or ground lessor or the holder of any Mortgagee such deed of trust, mortgage or prospective mortgagee or purchasersecurity agreement. The failure of either party to execute, acknowledge and deliver to the other a statement in accordance with the provisions of this Section within said ten (10) business day period shall constitute an acknowledgment, by the party given Any such notice, which certificate may be relied on upon by any person holding ground lessor, prospective purchaser, secured party, mortgagee or proposing to acquire an interest in any beneficiary under any mortgage, deed of trust on the Building or the Land, or any party thereof part thereof, or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date interest of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the sametherein.

Estoppel Certificate. Landlord and Tenant agree that each will, at At any time and from time to time, within upon not less than ten (10) days following written prior notice by Landlord, the other party hereto specifying that it is given pursuant "Superior Lessor," or the "Superior Mortgagee" (as both are herein after defined) to this SectionTenant, Tenant shall comply with, execute, acknowledge and deliver in writing addressed to such party as designated by Landlord or the Superior Lessor or the Superior Mortgagee, as the case may be (hereinafter collectively called the "Requesting Party"), certifying to the party who gave such notice, or its designate, a statement in writing certifying following: (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same Lease is in full force and effect effect, as modified, and stating the modifications); (ii) whether the Term has commenced and Minimum Rent, and Additional Rent have become payable hereunder and, if so, the date dates to which the annual rent and any other payments due hereunder from Tenant they have been paid in advance, if any, and stating paid; (iii) whether or not there are defenses or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party Landlord is in default in performance of any covenant agreement or condition contained in of the terms of this Lease, and if so, Specifying specifying each such default of which the maker signor may have knowledge; (iv) xxxxher Tenant has accepted possession of the Premises; (v) whether Tenant has made any claim against Landlord under this Lease and, if so, the nature thereof and the dollar amount, if any, of such claim; (vi) whether there are any offsets or defenses existing against enforcement of any of the terms of this Lease upon the part of Tenant to be performed, and, if so, specifying same; (vii) either that Tenant does not know of any default in the performance of any provisions of this Lease or specifying any default of which Tenant may have knowledge and if requestedstating what action is taken or proposes to take with respect thereto; (viii) that, such financial information concerning to the best knowledge of Tenant, there are no proceedings pending or threatened against Tenant and Tenant’s business operations (and the Guarantor of this Leasebefore or by a court or administrative agency which, if adversely decided, would materially and adversely effect the financial condition or operations of Tenant, or, if any such proceedings are pending or threatened to the best knowledge of Tenant, specifying and describing same; and (ix) such further information with respect to the Lease or the Premises as the Requesting Party may reasonably request or require, it being intended that any such statement delivered pursuant to this Lease be guaranteed) as Section 13.01 may be reasonably requested relied upon by any prospective purchaser of the Office Building or any part thereof or the interest of Landlord in any part thereof, by any prospective Superior Mortgagee or any prospective mortgagee Superior Lessor, or purchaserby any prospective assignees of such parties. The failure of either party Tenant to execute, acknowledge and deliver to the other provide a complete statement in accordance with the provisions of this Section 13.01 within said the required ten (10) business day period shall constitute an acknowledgment, by the party given such notice, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that this Lease is unmodified and in full force and effect and that such rents have been duly and fully paid to an including the respective due dates immediately preceding the date of such notice and shall constitute, as to any person entitled as aforesaid to rely upon such statements, waiver of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any a default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlord, and Tenant shall still remain liable for the samehereunder.

Estoppel Certificate. Landlord and Tenant agree Each party agrees that each it will, at any time and from time to time, within ten (10) business days following written notice by the other requesting party hereto specifying that it is given pursuant to this Sectionsection, execute, acknowledge and deliver to the requesting party who gave such notice, or its designate, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect and stating the modifications), and the date to which the annual rent Base Rent, Ticket Surcharge and any other payments due hereunder from Tenant Lessee have been paid in advance, if any, and stating whether or not there are defenses or offsets claimed by the maker of the certificate certifying party and whether or not to the best of knowledge of certifying party, the signer of such certificate the other requesting party is in default in performance of any covenant any, covenant, agreement or condition contained in this Lease, and if so, Specifying specifying each such default of which the maker certifying party may have knowledge and if requested, such financial information concerning Tenant and Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaserknowledge. The failure of either the certifying party to execute, acknowledge and deliver to the other requesting party a statement in accordance with the provisions of this Section within said ten (10) business day period period, shall constitute an acknowledgment, acknowledgment by the party given such noticecertifying party, which may be relied on by any person holding or proposing to acquire an interest in the Building Premises or any party thereof or the Premises or this Lease from or through the other partythereof, that this Lease is unmodified and in full force and effect and that such rents all Rent and dues have been duly and fully paid to an and including the respective due dates immediately preceding the date of such notice notice, and shall constitute, as to any person entitled as aforesaid to rely upon such statementsstatement, a waiver of any defaults which may exist prior to the date of such notice; provided, however . It is agreed that nothing contained in the provision provisions of this Section shall constitute waiver by Landlord requesting party of any default in payment of rent or other charges existing as of the date of such notice and, unless expressly consented to in writing by Landlordrequesting party and, and Tenant certifying party shall still remain liable for the same. There will be a two hundred fifty dollar ($250.00) regulatory fee per Section 166.221, Florida Statutes for each request made of Lessor for each Estoppel Certificate Requested, payment in full shall be made at the time of the request. No certificate shall be issued without payment of the fee.

Estoppel Certificate. Each of Landlord and Tenant agree that each willshall, at any time and from time to time, within but no more frequently than twice per Lease Year, upon receipt of not less than ten (10) days following Business Days’ prior written notice by request from the other party hereto specifying that it is given pursuant to this Sectionhereto, execute, acknowledge and deliver to furnish an estoppel certificate executed by an appropriate officer with knowledge of the party who gave such notice, or its designate, a statement in writing matters set forth therein (an 104 “Estoppel Certificate”) certifying (i) that this Lease is unmodified and in full force and effect (effect, or if there have been modifications, that the same this Lease is in full force and effect as modified and stating setting forth the modifications), ; (ii) the Rent and Additional Charges payable hereunder and the date dates to which the annual rent Rent and any other payments due hereunder from Tenant Additional Charges payable have been paid paid; (iii) that the address for notices to be sent to the party furnishing such Estoppel Certificate is as set forth in advancethis Lease (or, if anysuch address for notices has changed, and stating the correct address for notices to such party); (iv) whether or not there are defenses not, to its actual knowledge, such party or offsets claimed by the maker of the certificate and whether or not to the best of knowledge of the signer of such certificate the other party hereto is in default in the performance of any covenant covenant, agreement or condition contained in this Lease (together with, back-up calculation and information reasonably necessary to support the determination and calculation of the financial calculations required under this Lease, including, without limitation, the calculation of the Escalation amount and Tenant’s compliance with Section 23.3) and, if so, Specifying specifying each such default of which the maker such party may have knowledge knowledge; (v) that Tenant is in possession of the Leased Property; and if requested(vi) responses to such other questions or statements of fact as such other party, such financial information concerning Tenant and any ground or underlying landlord, any purchaser or any current or prospective Fee Mortgagee or Permitted Leasehold Mortgagee or Permitted Credit Facility Lender shall reasonably request. Landlord’s or Tenant’s business operations (and the Guarantor of this Lease, if this Lease be guaranteed) as may be reasonably requested by any Mortgagee or prospective mortgagee or purchaser. The failure of either party to execute, acknowledge and deliver to the other a such statement in accordance with the provisions of this Section within said ten (10) business day period such time shall constitute an acknowledgmentacknowledgement by such failing party that, by the party given to such noticeparty’s knowledge, which may be relied on by any person holding or proposing to acquire an interest in the Building or any party thereof or the Premises or this Lease from or through the other party, that (x) this Lease is unmodified and in full force and effect except as may be represented to the contrary by the other party; (y) the other party is not in default in the performance of any covenant, agreement or condition contained in this Lease; and that (z) the other matters set forth in such rents have been duly request, if any, are true and fully paid correct. Any such certificate furnished pursuant to an including this Article XXIII may be relied upon by the respective due dates immediately preceding receiving party and any current or prospective Fee Mortgagee, Permitted Leasehold Mortgagee, Permitted Credit Facility Lender, ground or underlying landlord or purchaser of the date of such notice and shall constituteLeased Property. Each Guarantor or Tenant, as to any person entitled as aforesaid to rely upon such statementsthe case may be, waiver shall deliver a written notice within ten (10) Business Days of any defaults which may exist prior to the date of such notice; provided, however that nothing contained in the provision of this Section shall constitute waiver by Landlord of any default in payment of rent or other charges existing as obtaining knowledge of the date occurrence of a default hereunder. Such notice shall include a detailed description of the default and the actions such notice andGuarantor or Tenant has taken or shall take, unless expressly consented if any, to in writing by Landlord, and Tenant shall still remain liable for the sameremedy such default.