Common use of Tenant Estoppel Clause in Contracts

Tenant Estoppel. Within ten (10) business days after request therefor by Landlord, Mortgagee or any prospective mortgagee or owner, Tenant agrees as directed in such request to execute an Estoppel Certificate in recordable form, binding upon Tenant, 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 this Lease as modified is in full force and effect); (ii) the dates to which Rent has been paid; (iii) that Tenant is in the possession of the Premises, if that is the case; (iv) that to the best knowledge of Tenant without any duty to investigate, Landlord is not in default under this Lease (or if Tenant believes Landlord is in default, the nature thereof in detail); (v) that to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or stating such exceptions thereto as applicable); (vii) that if an assignment of rents or leases has been served upon the Tenant by a Mortgagee, Tenant will acknowledge receipt thereof and agree to be bound by the reasonable provisions thereof; (viii) that Tenant will give to the Mortgagee copies of all notices required or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant in writing; and (ix) to any other factual information reasonably and customarily requested.

Appears in 2 contracts

Samples: Sublease (Dynavax Technologies Corp), Laboratory Lease (Dynavax Technologies Corp)

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Tenant Estoppel. Within ten (10) business days after request therefor by Landlord, Mortgagee or any prospective mortgagee or owner, Tenant Xxxxxx agrees as directed in such request to execute an Estoppel Certificate in recordable form, binding upon Tenant, 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 this Lease as modified is in full force and effect); (ii) the dates to which Rent has been paid; (iii) that Tenant is in the possession of the Premises, if that is the case; (iv) that to the best knowledge of Tenant without any duty to investigate, Landlord is not in default under this Lease (or if Tenant believes Landlord is in defaultthere are any such defaults, the nature thereof in detaila full and complete explanation thereof); (v) that to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or stating such exceptions thereto as applicable); (vii) that if an assignment of rents or leases has been served upon the Tenant by a Mortgagee, Tenant will acknowledge receipt thereof and agree to be bound by the reasonable provisions thereof; (viii) that Tenant will give to the Mortgagee copies of all notices required or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant in writing; and (ix) to any other factual information reasonably and customarily requested.

Appears in 2 contracts

Samples: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)

Tenant Estoppel. Within Tenant agrees, at any time and from time to time, upon not less than ten (10) business days after request therefor Business Days’ prior written notice by Landlord, Mortgagee or any prospective mortgagee or ownerto execute, Tenant agrees acknowledge and deliver to the requesting party a statement in writing, substantially in the form attached hereto as directed in such request to execute an Estoppel Certificate in recordable formExhibit K, binding upon Tenant, certifying (i) certifying, if true, that this Lease is unmodified and in full force and effect (or if there have been any modifications, a description of such modifications and that this the Lease as modified is in full force and effecteffect as modified and stating the modifications); (ii) stating the dates to which Rent has the rent and any other charges hereunder have been paidpaid by Tenant; (iii) that Tenant is in the possession of the Premisesstating whether or not, if that is the case; (iv) that to the best knowledge of Tenant without any duty to investigateTenant, Landlord is not in default under in the performance of any covenant, agreement or condition contained in this Lease (or Lease, and if Tenant believes Landlord is in defaultso, specifying the nature thereof in detail)of such default; (iv) stating the address to which notices to Tenant are to be sent; and (v) that to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against stating such other information as Landlord or any other party with respect thereto (mortgagee or stating prospective mortgagee of the Project may reasonably request. Any such exceptions thereto as applicable); (vii) that if an assignment statement delivered by Tenant may be relied upon by any landlord of rents the Project or leases has been served the land upon which it is situated, any prospective purchaser of the Project or such land, any mortgagee or prospective mortgagee of the Project or such land or of Landlord’s interest therein, or any prospective assignee of any such mortgagee. If Tenant fails to respond within the time period set forth above, then Landlord shall deliver a notice accompanied by a Mortgageesecond copy of the same estoppel, and if Tenant will acknowledge fails thereafter to respond within five (5) Business Days from receipt thereof and agree of such second copy, then Tenant shall be deemed to be bound by the reasonable provisions thereof; (viii) that Tenant will give have assented to the Mortgagee copies of all notices required or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant matters set forth in writing; and (ix) to any other factual information reasonably and customarily requestedgood faith therein.

Appears in 2 contracts

Samples: Lease (Fisher Communications Inc), Purchase and Sale Agreement (Fisher Communications Inc)

Tenant Estoppel. Within ten (10) business days after request therefor by Landlord, Mortgagee or any prospective mortgagee or owner’s request, Tenant agrees as directed in such request shall execute, acknowledge and deliver to execute an Estoppel Certificate in recordable form, binding upon Tenant, certifying Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease is unmodified and in full force and effect have been changed (or if there they have been modificationschanged, a description of such modifications and that this Lease as modified is in full force and effectstating how they have been changed); (ii) the dates to which Rent that this Lease has not been paidcanceled or terminated; (iii) that Tenant is in the possession last date of payment of the Premises, if that is Base Rent and other charges and the casetime period covered by such payment; (iv) that to the best knowledge of Tenant without any duty to investigate, Landlord is not in default under this Lease (or if Tenant believes Landlord is claimed to be in default, the nature thereof setting forth such default in reasonable detail); and (v) that such other information with respect to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Landlord may deliver any such statement by Tenant to any prospective purchaser or encumbrancer of the Property, and such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. If Tenant shall not deliver such statement to Landlord within such ten (10) day period Landlord, and any prospective purchaser or if Tenant believes there are any offsets or defensesencumbrancer, a full may conclusively presume and complete explanation thereof); rely upon the following facts: (vii) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or stating such exceptions thereto this Lease have not been changed except as applicable)otherwise represented by Landlord; (viiii) that if an assignment of rents this Lease has not been canceled or leases has been served upon the Tenant terminated except as otherwise represented by a Mortgagee, Tenant will acknowledge receipt thereof and agree to be bound by the reasonable provisions thereofLandlord; (viiiiii) that Tenant will give to the Mortgagee copies of all notices required not more than one months Base Rent or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant other charges have been paid in writingadvance; and (ixiv) to any other factual information reasonably and customarily requestedthat Landlord is not in default under this Lease. In such event, Tenant shall be estopped from denying the truth of such facts.

Appears in 1 contract

Samples: Commercial Lease (Excelligence Learning Corp)

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Tenant Estoppel. Within ten (10) business days after request therefor by Landlord, Mortgagee or any prospective mortgagee or owner, Tenant Xxxxxx agrees as directed in such request to execute an Estoppel Certificate in recordable form, binding upon Tenant, 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 this Lease as modified is in full force and effect); (ii) the dates to which Rent has been paid; (iii) that Tenant is in the possession of the Premises, if that is the case; (iv) that to the best knowledge of Tenant without any duty to investigate, Landlord is not in default under this Lease (or if Tenant believes Landlord is in defaultthere are any such defaults, the nature thereof in detaila full and complete explanation thereof); (v) that to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) that the Premises have been completed in accordance with the terms and provisions hereof or the Workletter, that Tenant Xxxxxx has accepted the Premises and the condition thereof and of all improvements thereto and has no claims against Landlord or any other party with respect thereto (or stating such exceptions thereto as applicable); (vii) that if an assignment of rents or leases has been served upon the Tenant by a Mortgagee, Tenant will acknowledge receipt thereof and agree to be bound by the reasonable provisions thereof; (viii) that Tenant will give to the Mortgagee copies of all notices required or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant in writing; and (ix) to any other factual information reasonably and customarily requested.

Appears in 1 contract

Samples: Work Agreement (Aduro Biotech, Inc.)

Tenant Estoppel. Within ten (10) business days Promptly upon Landxxxx'x xequest after request therefor by LandlordTenaxx xxx occupied the Premises, Mortgagee or any prospective mortgagee or owner, Tenant agrees as directed in such request Tenaxx xxxl execute and deliver to execute Landlord an Occupancy Estoppel Certificate in recordable formthe form of Exhibit C. In addition, binding upon TenantTenaxx xxxees that at any time and from time to time (but on not less than 15 days' prior written request by Landlord and not more than 3 times in any twelve (12) month period), certifying Tenant will execute, acknowledge and deliver to Landlord a certificate indicating any or all of the following: (ia) the Commencement Date and Expiration Date; (b) that this Lease is unmodified and in full force and effect (or or, if there have been modifications, a description of such modifications and that this Lease as modified is in full force and effect, as modified, and stating the date and nature of each modification); (iic) the dates to date, if any, through which Base Rent, Additional Rent has and any other Rent payable have been paid; (iiid) that no default by Landlord, to Tenant's actual knowledge, or Tenant is exists which has not been cured, except as to defaults stated in the possession of the Premises, if that is the casesuch certificate; (ivf) that to the best knowledge of Tenant without any duty to investigate, Landlord is not in default under this Lease (or if Tenant believes Landlord is in default, the nature thereof in detail); (v) that to the best knowledge of Tenant without any duty to investigate, Tenant has no offsets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any offsets or defenses, a full and complete explanation thereof); (vi) that the Premises provided such events have been completed in accordance with the terms and provisions hereof or the Workletteroccurred, that Tenant has Tenaxx xxx accepted the Premises and the condition thereof and of that all improvements thereto and has no claims against required to be made to the Premises by Landlord or any other party with respect thereto (or stating such exceptions thereto as applicable)have been completed according to this Lease; (viig) that if an assignment of rents or leases has been served upon that, except as specifically stated in such certificate, Tenant, and only Tenant, currently occupies the Tenant by a Mortgagee, Tenant will acknowledge receipt thereof and agree to be bound by the reasonable provisions thereof; (viii) that Tenant will give to the Mortgagee copies of all notices required or permitted to be given by Tenant to Landlord, provided that the Mortgagee’s address is provided to Tenant in writingPremises; and (ixh) to such other matters as may be reasonably requested by Landxxxx. Xxy such certificate may be relied upon by Landlord and any other factual information reasonably and customarily requestedprospective purchaser or present or prospective mortgagee, deed of trust beneficiary or ground lessor of all or a portion of the Building.

Appears in 1 contract

Samples: Lease Agreement (Odyssey Re Holdings Corp)

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