Estoppel Certificate Short Form Clause Samples

Estoppel Certificate Short Form. 38 16.1 Estoppel Certificate 38 16.2 Short form 38 SECTION 17. CONDITION OF TITLE AND PROJECT. 39 17.1 Limited Warranties 39 17.2 Quiet Enjoyment 39 17.3 Limitation on Liability 39 17.4 Title to Personal Property 40 SECTION 18. INTENTIONALLY OMITTED 40 SECTION 19. NOTICES 40 SECTION 20. PURCHASE OPTION 40 SECTION 21. GENERAL 43 21.1 Effectiveness 43 21.2 Complete Understanding 43 21.3 Amendment 43 21.4 Waiver 43 21.5 Applicable Law 43 21.6 Consent 44 21.7 Time of Essence 44 21.8 Headings 44 21.9 Construction 44 21.10 Exhibits 44 21.11 Severability 44 21.12 Disclaimer of Partnership Status 44 21.13 Commissions 44 21.14 Prevailing Party 45 21.15 Limited Third Party Rights 45 21.16 New Lease 45 21.17 Subleases 45 21.18 Counterparts 45 21.19 Tenant’s Rights, Generally 45 21.20 No Personal Liability 46 21.21 Memorandum of Ground Lease 46 21.22 Landlord Not Entitled to Proceeds 46 21.23 No Subordination of Leasehold Estate 46 21.24 Investor Limited Partner Limitation of Liability 46 Exhibit A Description of Land Exhibit B Schedule of Permitted Encumbrances Exhibit C Notice Addresses Exhibit D Insurance Requirements This Ground Lease (the “Lease”) is dated as of February , 2023 (and effective February , 2023), by and between the undersigned parties: AUSTIN HOUSING FINANCE CORPORATION, a Texas housing finance corporation established under Section 394 of the Texas Local Governmental Code, as amended, having an address at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, as landlord (“Landlord”), and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ AT ▇▇▇▇▇▇▇, ▇▇, a Texas limited partnership, having its principal address at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, as tenant (“Tenant”).
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Estoppel Certificate Short Form. 29 16.1. Estoppel Certificate 29 16.2. Recordation 29 16.3. Estoppel Certificates (Permitted Leasehold Mortgagees) 29
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Estoppel Certificate Short Form 
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Related to Estoppel Certificate Short Form

  • Estoppel Certificate Tenant agrees that from time to time, upon not less than seven (7) days' prior written request by Landlord, Tenant will, and Tenant will cause any subtenant, licensee, concessionaire or other occupant of the Premises to, promptly complete, execute and deliver to Landlord or any party or parties designated by 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 the same are in full force and effect as modified and identifying the modifications); (ii) the dates to which the Rent and other charges have been paid; (iii) that the Premises have been unconditionally accepted by the Tenant (or if not, stating with particularity the reasons why the Premises have not been unconditionally accepted); (iv) the amount of any Security Deposit held hereunder; (v) that, so far as the party making the certificate knows, Landlord is not in default under any provisions of this Lease, if such is the case, and if not, identifying all defaults with particularity; and (vi) any other matter reasonable requested by Landlord. Any purchaser or Mortgagee of any interest in the Building shall be entitled to rely on said statement. Failure to give such a statement within seven (7) days after said written request shall be conclusive evidence, upon which Landlord and any such purchaser or Mortgagee shall be entitled to rely that this Lease is in full force and effect and Landlord is not in default and Tenant shall be estopped from asserting against Landlord or any such purchaser or Mortgagee any defaults of Landlord existing at that time but Tenant shall not thereby be relieved of the affirmative obligation to give such statement. Moreover, if Tenant fails to deliver or cause to be delivered such statement within said seven (7) day period, Landlord shall be entitled to collect from Tenant upon demand, as liquidated damages occasioned by such delay and not as a penalty (the actual damages resulting from such delay being impossible to ascertain), a sum equal to one-fifteenth of the Monthly Base Rent for each day, up to fifteen (15) days, after the expiration of said seven (7) day period that Tenant fails to deliver such statement. If such failure persists after such fifteen (15) day period, Landlord shall be entitled to pursue any and all remedies it may have with respect to such Default, including termination of this Lease or Tenant's right to possession and collection of damages, including consequential damages, arising by reason for such Default.

  • Estoppel Certificates (a) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying: (i) that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not been cancelled or terminated; (iii) the last date of payment of the Base Rent and other charges and the time period covered by such payment; (iv) that Landlord is not to Tenant's knowledge in default under this Lease (or, if Landlord is claimed to be in default, stating why); and (v) such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. (b) 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 cancelled 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.