OF SUCH PARTY'S REPRESENTATION ABOVE, INCLUDING ANY
COSTS, EXPENSES AND ATTORNEYS' FEES INCURRED WITH RESPECT SUCH CLAIMS.
23.5
NO WAIVER.
NO WAIVER BY EITHER PARTY OF THE DEFAULT OR BREACH OF
ANY TERM, COVENANT OR CONDITION OF THIS LEASE BY THE OTHER PARTY SHALL BE DEEMED
A WAIVER OF ANY OTHER TERM, COVENANT OR CONDITION HEREOF, OR OF ANY SUBSEQUENT
DEFAULT OR BREACH BY TENANT OF THE SAME OR OF ANY OTHER TERM, COVENANT OR
CONDITION HEREOF.
LANDLORD'S CONSENT TO, OR APPROVAL OF, ANY ACT SHALL NOT BE
DEEMED TO RENDER UNNECESSARY THE OBTAINING OF LANDLORD'S CONSENT TO OR APPROVAL
OF, ANY SUBSEQUENT OR SIMILAR ACT BY TENANT, OR BE CONSTRUED AS THE BASIS OF AN
ESTOPPEL TO ENFORCE THE PROVISION OR PROVISIONS OF THIS LEASE REQUIRING SUCH
CONSENT.
REGARDLESS OF LANDLORD'S KNOWLEDGE OF A DEFAULT OR BREACH AT THE TIME
OF ACCEPTING RENT, THE ACCEPTANCE OF RENT BY LANDLORD SHALL NOT BE A WAIVER OF
ANY PRECEDING DEFAULT OR BREACH BY TENANT OF ANY PROVISION HEREOF, OTHER THAN
THE FAILURE OF TENANT TO PAY THE PARTICULAR RENT SO ACCEPTED.
ANY PAYMENT GIVEN
LANDLORD BY TENANT MAY BE ACCEPTED BY LANDLORD ON ACCOUNT OF MONIES OR DAMAGES
DUE LANDLORD, NOTWITHSTANDING ANY QUALIFYING STATEMENTS OR CONDITIONS MADE BY
TENANT IN CONNECTION THEREWITH, WHICH STATEMENTS AND/OR CONDITIONS SHALL BE OF
NO FORCE OR EFFECT WHATSOEVER UNLESS SPECIFICALLY AGREED TO IN WRITING BY
LANDLORD AT OR BEFORE THE TIME OF DEPOSIT OF SUCH PAYMENT.
NO PAYMENT BY TENANT
OF A LESSER AMOUNT THAN THE AMOUNT REQUIRED UNDER THIS LEASE SHALL BE DEEMED TO
BE OTHER THAN ON ACCOUNT OF THE RENT DUE, AND LANDLORD MAY ACCEPT SUCH PAYMENT
WITHOUT PREJUDICE TO LANDLORD'S RIGHT TO RECOVER THE BALANCE DUE OR TO PURSUE
ANY OTHER REMEDY HEREIN PROVIDED.
23.6
RECORDING.
NEITHER THIS LEASE NOR A MEMORANDUM THEREOF SHALL BE
RECORDED WITHOUT THE PRIOR WRITTEN CONSENT OF LANDLORD, WHICH CONSENT SHALL NOT
BE UNREASONABLY WITHHELD.
TENANT SHALL HAVE THE RIGHT TO RECORD A SHORT FORM
MEMORANDUM OF LEASE IN A FORM REASONABLY APPROVED BY LANDLORD.
23.7
ESTOPPEL CERTIFICATE.
WITHIN TEN (10) BUSINESS DAYS FOLLOWING
LANDLORD'S REQUEST, TENANT SHALL EXECUTE, ACKNOWLEDGE AND DELIVER WRITTEN
ESTOPPEL CERTIFICATES ADDRESSED TO (I) ANY HOLDER OR PROSPECTIVE MORTGAGEE OF
LANDLORD, OR (II) ANY PURCHASER OR PROSPECTIVE PURCHASER OF ALL OR ANY PORTION
OF, OR INTEREST IN, THE PROJECT, ON A COMMERCIALLY REASONABLE FORM SPECIFIED BY
LANDLORD, CERTIFYING AS TO SUCH FACTS (IF TRUE) AND AGREEING TO SUCH NOTICE
PROVISIONS AND OTHER MATTERS AS SUCH MORTGAGEE(S) OR PURCHASER(S) MAY REASONABLY
REQUIRE, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (A) THAT THIS LEASE IS
UNMODIFIED AND IN FULL FORCE AND EFFECT (OR IN FULL FORCE AND EFFECT AS
MODIFIED, AND STATING THE MODIFICATIONS); (B) THE AMOUNT OF, AND DATE TO WHICH
RENT AND OTHER CHARGES HAVE BEEN PAID IN ADVANCE; (C) THE AMOUNT OF ANY SECURITY
DEPOSIT; AND (D) ACKNOWLEDGING THAT TO TENANT'S CURRENT KNOWLEDGE WITHOUT DUTY
OF INQUIRY, LANDLORD IS NOT IN DEFAULT UNDER THIS LEASE (OR, IF LANDLORD IS
CLAIMED TO BE IN