Common use of Estoppel Certificates and Financial Statements Clause in Contracts

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: certificate (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 ten (10) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: , (ia) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in the requesting party's performance, and (iiic) no rent has been paid in advance for more than 30 days in advancethirty (30) days. At any time during the Lease Term Term, Tenant shall, upon 15 days' ten (10) days prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 twenty-four (24) month period prior to the date of such most recent financial statement to Landlord, any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Failure to deliver such statements within ten (10) days after receipt of written notice from Landlord of delinquency in delivery of such statement shall be an Event of Tenant's Default under Paragraph 15. Landlord shall use reasonable efforts to keep confidential all financial statements delivered to it by Tenant pursuant to this paragraph and shall cause any potential Lender or buyer of the Premises to whom such statements are delivered also to agree to use reasonable efforts to keep such statements confidential.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Term, but not more frequently than annually, Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Landlord agrees that such financial information is confidential and shall only be used for purposes of a sale or financing of the Building or Project or any interest in Landlord. Tenant’s failure to execute any such document or instrument or provide such financial statement within five (5) days after a second written demand therefor shall constitute an Event of Tenant’s Default.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party Tenant agrees, following any request by the other partyLandlord, to promptly to (and in no event greater than ten (10) calendar days) execute and deliver to the requesting party within 15 days following delivery of such request Landlord an estoppel certificate: certificate upon which Landlord and others it designates may rely (ia) certifying 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, (iib) stating the date to which the rent and other charges are paid in advance, if any, (iiic) acknowledging that there are not, to the certifying partyTenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaultsdefaults on the part of Landlord, specifying stating the nature of such defaults, uncured defaults and (ivd) certifying such other information about the this Lease as may be reasonably required by the requesting partyLandlord. A Tenant's failure to deliver an estoppel certificate within 15 ten (10) days after delivery of a Landlord's request therefor therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented all matters so requested by the requesting party in said request Landlord are true and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advanceaccurate. At any time during the Lease Term Term, Tenant shall, upon 15 ten (10) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period twenty-four (24) months prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the PremisesProperty. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party Tenant agrees, following any request by the other partyLandlord, promptly to execute and deliver to the requesting party Landlord within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's Tenant’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting partyLandlord. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's Landlord’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Tenant hereby authorizes Landlord to obtain one or more credit reports on Tenant at any time, and shall execute such further authorizations as Landlord may reasonably require in order to obtain a credit report.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 fifteen (15) days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, ; (ii) stating the date to which the rent Rent and other charges are paid in advance, if any, ; (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, ; and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (ia) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in the requesting party's ’s performance, and (iiic) no rent has been paid more than 30 thirty (30) days in advance. At For purposes of providing such information to any potential Lender or buyer of the Building, at any time during the Term that Palm, Inc. remains the guarantor of Tenant’s obligations under this Lease Term pursuant to Section 22.32 below, Tenant shall, upon 15 fifteen (15) days' ’ prior written notice from LandlordLandlord (but not more than once in any fiscal quarter, unless an Event of Tenant’s Default exists hereunder, in which event such limitation shall not apply), provide Tenant's Palm, Inc.’s most recent financial statement and financial statements covering the 24 24-month period prior to the date of such most recent financial statement statement. Tenant shall provide Palm, Inc.’s financial information to Landlord and any existing Lender or to any potential Lender or buyer of Lender. From and after the Premisesdate that Palm, Inc. no longer is the guarantor hereunder, Tenant shall provide its own financial statements upon the terms and requirements set forth in this Section. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during ---------------------------------------------- the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: , (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, defaults and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 ten (10) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: , (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Term, Tenant shall, upon 15 ten (10) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises; provided, however, that so long as Tenant is a public company the stock of which is publicly traded, Tenant shall only be obligated to provide to Landlord such financial information as has been made available to the public in filings with the Securities and Exchange Commission. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, Tenant shall be audited by an independent certified public accountant. Landlord shall use reasonable efforts to keep confidential all financial statements delivered to it by Tenant pursuant to this paragraph and shall cause any potential Lender or buyer of the Premises to whom such statements are delivered to also agree to use reasonable efforts to keep such statements confidential.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term (but not more than once a year) Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times ----------------------------------------------- during the Lease Termterm, each party agrees, following any request by the other party, promptly to execute and end deliver to the requesting party within 15 days following following, delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Leaselease, as so modified, is in full force and effect, (ii) stating Stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder orto, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises; provided however, that Landlord shall ensure that any such statements are held by Landlord and any potential buyer or Lender in the strictest of confidence. Such statements shall be prepared in accordance with generally accepted accounting principles and, if it such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor therefore shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each Either party agrees, following any request by the other party, to promptly to (and in no event greater than twenty (20) calendar days) execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: certificate upon which the requesting party and others it designates may rely (ia) certifying 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, (iib) stating the date to which the rent and other charges are paid in advance, if any, (iiic) acknowledging that there are not, to the certifying responding party's ’s knowledge, any uncured defaults on the part of any the requesting party hereunder orhereunder, or if there are uncured defaultsdefaults on the part of the requesting party, specifying stating the nature of such defaults, uncured defaults and (ivd) certifying such other information about the this Lease as may be reasonably required by the requesting party. A the responding party’s failure to deliver an estoppel certificate within 15 twenty (20) days after delivery of a the requesting party’s request therefor shall be a conclusive admission by the responding party that, as of the date of the request for such statement: , (ia) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in the requesting party's ’s performance, and (iiic) no rent has been paid more than 30 days in advance. At any time during the Lease Term Term, Tenant shall, upon 15 ten (10) days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period twenty-four (24) months prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the PremisesProperty; provided, however, the foregoing shall not apply to any Tenant that is a public company inasmuch as its financial statements are publicly available. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during ---------------------------------------------- the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Landlord shall use its good faith efforts to treat such financial statements as confidential information, but such information may be disclosed to Landlord's current and prospective lenders, investors and advisers or purchasers.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 fifteen (15) days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, ; (ii) stating the date to which the rent Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, ; and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (ia) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (iib) there are no uncured defaults in the requesting party's performance, and (iiic) no rent has been paid more than 30 thirty (30) days in advance. At any time during the Lease Term Tenant shall, upon 15 fifteen (15) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 24-month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 ten (10) days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 thirty (30) days in advance. At any time during the Lease Term Tenant shall, upon 15 ten (10) days' prior written notice from Landlord, provide Tenant's and Guarantor's most recent financial statement and Tenant's financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements of Tenant shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other factual information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent annual and quarterly reports if Tenant is a public company, otherwise a current financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent public filing containing its financial statements (or if Tenant is not a public company at the time, such entity’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement statements) to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advanceadvance of its due date hereunder. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days ten (10) Business Days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the this Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days ten (10) Business Days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 thirty (30) days in advance. At any time during the Lease Term Tenant shall, upon 15 thirty (30) days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 business days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 business days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide (in writing or by reference to a URL address or other publicly available source) Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease TermLeaseTerm, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, Tenant shall within ---------------------------------------------- fifteen (15) days following any request by the other party, promptly to Landlord: (a) execute and deliver to Landlord any documents, including estoppel certificates, in the requesting party within 15 days following delivery of such request an estoppel certificate: form presented to Tenant by Landlord (i1) certifying that this Lease has not been modified and is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii2) stating the date to which the rent and other charges are paid in advance, if anyat all, (iii3) acknowledging that there are not, to the certifying partyTenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaultsdefaults on the part of Landlord, specifying stating the nature of such uncured defaults, and (iv4) certifying such any other information about the relating to this Lease as may be reasonably required either by a lender making a loan to Landlord to be secured by a deed of trust or mortgage encumbering the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of Premises or a request therefor shall be a conclusive admission that, as purchaser of the date Premises from Landlord; and (b) deliver to Landlord the best available current financial statements of Tenant, including a balance sheet and profit and loss statement for the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performancethen current fiscal year, and the two (iii2) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shallimmediately prior fiscal years (if available), upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be all prepared in accordance with generally accepted accounting principles and(GAAP) consistently applied. Tenant's failure to deliver any such documents, if including an estoppel certificate, or any such is the normal practice of Tenant, financial statements within fifteen (15) days following such request shall be audited by an independent certified public accountantEvent of Default under this Lease.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party Tenant agrees, following any request by the other partyLandlord, to promptly to execute and deliver to the requesting party within 15 days following delivery of such request Landlord an estoppel certificate: certificate upon which Landlord and others it designates may rely (i) certifying 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, (ii) stating the date to which the rent Rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying partyTenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaultsdefaults on the part of Landlord, specifying stating the nature of such defaults, uncured defaults and (iv) certifying such other information about the this Lease as may be reasonably required by the requesting partyLandlord. A Tenant's failure to deliver an estoppel certificate within 15 ten (10 days after delivery of a Landlord's request therefor shall be a conclusive admission by Tenant that, as of the date day of the request for such statement: , (i) this Lease is unmodified except as may be represented by the requesting party Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting partyLandlord's performance, and (iii) no rent Rent has been paid more than 30 days in advance. At any time during the Lease Term Term, Tenant shall, upon 15 ten (10) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period twenty-four (24) months prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the PremisesProperty. Such statements statement shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party Tenant agrees, following any request by the other partyLandlord, to promptly to execute and deliver to the requesting party within 15 days following delivery of such request Landlord an estoppel certificate: , (i) certifying that this Lease is unmodified and in full force and effect oreffect, or if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying partyTenant's knowledge, any uncured defaults on the part of any party hereunder orLandlord hereunder, or if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting partyLandlord. A Tenant's failure to deliver an estoppel certificate within 15 ten (10) days after delivery of a Landlord's request therefor therefore shall be a conclusive admission by Tenant that, as of the date of the request for such statement: , (i) this Lease is unmodified except as may be represented by the requesting party Landlord in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting partyLandlord's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Term, Tenant shall, upon 15 ten (10) days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the PremisesProperty. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, Tenant shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. Landlord shall use its good faith efforts to treat such financial statements as confidential information, but such information may be disclosed to Landlord’s current and prospective lenders, investors and advisers or purchasers.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 10 business days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 business days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Term, but not more than once each calendar year, Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no rent has been paid more than 30 days in advance. At any time during the Lease Term Tenant shall, upon 15 days' prior written notice from Landlord, provide Tenant's most recent financial statement and financial statements covering the 24 month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the time Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant. So long as Tenant is a publicly traded company (and if Tenant ceases to be a publicly traded company but has a direct or indirect parent which is publicly traded and whose public reports and financial statements separately state the financial strength and worth of Tenant), Tenant may satisfy the foregoing requirements by providing Tenant's most recently filed public report and the public reports filed by Tenant for the immediately preceding 24 months, or the same documents for the parent. If Tenant does not meet the conditions in the immediately preceding section, then Tenant shall supply financial data as set forth above, but in such case, Landlord agrees that is shall be kept in LEASE -------------------------------------------------------------------------------- confidence, to be disclosed in confidence only to Landlord's Lenders, potential lenders, potential purchasers, accountants, and attorneys, and under such circumstances, Tenant is only required to disclose reports prepared by Tenant in the ordinary course of its business and is not required to make up reports specifically to meet these requirements.

Estoppel Certificates and Financial Statements. At all times during the Lease Term, each party agrees, following any request by the other party, promptly to execute and deliver to the requesting party within 15 fifteen (15) days following delivery of such request an estoppel certificate: (i) certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect, (ii) stating the date to which the rent and other charges are paid in advance, if any, (iii) acknowledging that there are not, to the certifying party's ’s knowledge, any uncured defaults on the part of any party hereunder or, if there are uncured defaults, specifying the nature of such defaults, and (iv) certifying such other information about the Lease as may be reasonably required by the requesting party. A failure to deliver an estoppel certificate within 15 fifteen (15) days after delivery of a request therefor shall be a conclusive admission that, as of the date of the request for such statement: (i) this Lease is unmodified except as may be represented by the requesting party in said request and is in full force and effect, (ii) there are no uncured defaults in the requesting party's ’s performance, and (iii) no rent has been paid more than 30 thirty (30) days in advance. At any time during the Lease Term Tenant shall, upon 15 fifteen (15) days' ’ prior written notice from Landlord, provide Tenant's ’s most recent financial statement and financial statements covering the 24 twenty-four (24) month period prior to the date of such most recent financial statement to any existing Lender or to any potential Lender or buyer of the Premises. Such statements shall be prepared in accordance with generally accepted accounting principles and, if such is the normal practice of Tenant, shall be audited by an independent certified public accountant.