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(a) Lessee (as "Responding Party ") shall within 10 days after written notice from Lessor (the "Requesting Party ")
<br />execute, acknowledge and deliver to the Requesting Party an estoppel statement or certificate in writing in the form designated by
<br />Lessor (or Lessor's Leader or purchaser), plus such additional information, confirmation and /or statements as may be reasonably
<br />requested by the Requesting Party.
<br />(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the
<br />Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except
<br />as maybe represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party's performance, and (iii) not
<br />more than one months rent has been paid in advance. Prospective purchasers and encumbrances may rely upon the Requesting Party's
<br />Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. In
<br />addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and
<br />potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain.
<br />Accordingly, should. Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Base Rent
<br />shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base
<br />Rent or $100, whichever is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and
<br />reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel
<br />Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to
<br />provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted hereunder.
<br />(c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee and all Guarantors shall
<br />within LO days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial
<br />statements as may be. reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for
<br />the past 3 years, All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used
<br />only for the purposes herein set forth.
<br />17. Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of
<br />the fee title to the Premises, or, if this is a sublease, of the Lessee's interest in the prior lease. In the event of a transfer of Lessor's
<br />title or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused
<br />Security Deposit held by Lessor. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor
<br />shall be relieved of all liability with respect to the obligations and /or covenants under this Lease thereafter to be performed by the
<br />Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only
<br />upon the Lessor as hereinabove defined.
<br />1s. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no
<br />way affect the validity of any other provision hereof.
<br />19. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to
<br />calendar days.
<br />20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or
<br />its partners, members, directors, officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for
<br />the satisfaction of any liability of Lessor with respect to this Lease, and shall not seek recourse against Lessor's partners, members,
<br />directors, officers or shareholders, or any of their personal assets for such satisfaction.
<br />21. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by
<br />the Parties under this Lease.
<br />22, No Prior or Other Agreements, This Lease contains all agreements between the Parties with respect to any matter
<br />mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective.
<br />23. Notices.
<br />23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may
<br />be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express
<br />Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this
<br />Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of
<br />notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking
<br />possession of die Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be
<br />concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing.
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