IMMEDIATELY AND IRREVOCABLY ASSIGNS
TO LANDLORD, AS SECURITY FOR TENANT'S OBLIGATIONS UNDER THIS LEASE, ALL RENT
FROM ANY SUCH SUBLETTING, AND LANDLORD AS ASSIGNEE AND AS ATTORNEY-IN-FACT FOR
TENANT, OR A RECEIVER FOR TENANT APPOINTED ON LANDLORD'S APPLICATION, MAY
COLLECT SUCH RENT AND APPLY IT TOWARD TENANT'S OBLIGATIONS UNDER THIS LEASE;
EXCEPT THAT, UNTIL THE OCCURRENCE OF A DEFAULT, TENANT SHALL HAVE THE RIGHT TO
COLLECT SUCH RENT; PROVIDED THAT, TENANT SHALL USE COMMERCIALLY REASONABLE
EFFORTS TO COLLECT THE CONTRACT RENTS DUE FROM ANY SUCH TRANSFEREE.
(E)
NO WAIVER. THE CONSENT BY LANDLORD TO AN ASSIGNMENT OR SUBLETTING
SHALL NOT RELIEVE TENANT OR ANY ASSIGNEES OF THIS LEASE OR ANY SUBLESSEES OF THE
PREMISES FROM OBTAINING THE CONSENT OF LANDLORD TO ANY FURTHER ASSIGNMENT OR
SUBLETTING NOR SHALL IT RELEASE TENANT OR ANY ASSIGNEE OR SUBLESSEE OF TENANT
FROM FULL AND PRIMARY LIABILITY UNDER THE LEASE. THE ACCEPTANCE OF RENT
HEREUNDER, OR THE ACCEPTANCE OF PERFORMANCE OF ANY OTHER TERM, COVENANT, OR
CONDITION THEREOF, FROM ANY OTHER PERSON OR ENTITY SHALL NOT BE DEEMED TO BE A
WAIVER OF ANY OF THE PROVISIONS OF THIS LEASE OR A CONSENT TO ANY SUBLETTING,
ASSIGNMENT OR OTHER TRANSFER OF THE PREMISES.
23.
ESTOPPEL CERTIFICATE. TENANT SHALL, WITHIN TEN (10) BUSINESS DAYS
OF WRITTEN NOTICE FROM LANDLORD, EXECUTE, ACKNOWLEDGE AND DELIVER A STATEMENT IN
WRITING IN ANY FORM REASONABLY REQUESTED BY A PROPOSED LENDER OR PURCHASER, (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) AND THE DATES TO WHICH THE RENTAL
AND OTHER CHARGES ARE PAID IN ADVANCE, IF ANY, (II) ACKNOWLEDGING THAT THERE ARE
NOT, TO TENANT'S ACTUAL KNOWLEDGE, ANY UNCURED DEFAULTS ON THE PART OF LANDLORD
HEREUNDER, OR SPECIFYING SUCH DEFAULTS IF ANY ARE CLAIMED, AND (III) SETTING
FORTH SUCH FURTHER FACTUAL INFORMATION WITH RESPECT TO THE STATUS OF THIS LEASE
OR THE PREMISES AS MAY BE REASONABLY REQUESTED THEREON; PROVIDED THAT TENANT
SHALL NOT BE REQUIRED TO PROVIDE PROPRIETARY INFORMATION PURSUANT TO SUCH
REQUEST. ANY SUCH STATEMENT MAY BE RELIED UPON BY ANY PROSPECTIVE PURCHASER OR
ENCUMBRANCER OF ALL OR ANY PORTION OF THE REAL PROPERTY OF WHICH THE PREMISES
ARE A PART. TENANT'S FAILURE TO DELIVER SUCH STATEMENT WITHIN SUCH TIME SHALL,
AT THE OPTION OF LANDLORD, BE CONCLUSIVE UPON TENANT THAT THE LEASE IS IN FULL
FORCE AND EFFECT AND WITHOUT MODIFICATION EXCEPT AS MAY BE REPRESENTED BY
LANDLORD IN ANY CERTIFICATE PREPARED BY LANDLORD AND DELIVERED TO TENANT FOR
EXECUTION.
24.
QUIET ENJOYMENT. SO LONG AS TENANT IS NOT IN DEFAULT UNDER THIS
LEASE, TENANT SHALL, SUBJECT TO THE TERMS OF THIS LEASE, AT ALL TIMES DURING THE
TERM, HAVE PEACEFUL AND QUIET ENJOYMENT OF THE
29
Premises against any person claiming by, through or under Landlord, or otherwise
claiming an interest in the Project.
25.
PRORATIONS. ALL PRORATIONS REQUIRED OR PERMITTED TO BE MADE
HEREUNDER SHALL BE