WRITTEN STATEMENT CERTIFYING: (A) THAT THIS LEASE IS UNMODIFIED AND IN FULL
FORCE AND EFFECT (OR IF THERE HAVE BEEN MODIFICATIONS, THAT THIS LEASE IS IN
FULL FORCE AND EFFECT AS MODIFIED AND STATING THE MODIFICATIONS); (B) THE DATES
TO
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WHICH RENT AND ANY OTHER CHARGES HEREUNDER HAVE BEEN PAID; (C) WHETHER OR NOT,
TO TENANT'S OR LANDLORD'S BEST KNOWLEDGE, LANDLORD OR TENANT IS IN DEFAULT IN
THE PERFORMANCE OF ANY OBLIGATION HEREUNDER AND, IF SO, SPECIFYING IN REASONABLE
DETAIL THE NATURE OF SUCH DEFAULT; (D) THE ADDRESS TO WHICH NOTICES TO TENANT OR
LANDLORD ARE TO BE SENT; (E) THAT TENANT HAS ACCEPTED THE PREMISES AND THAT ALL
WORK THERETO HAS BEEN COMPLETED (OR IF SUCH WORK HAS NOT BEEN COMPLETED,
SPECIFYING IN REASONABLE DETAIL THE INCOMPLETE WORK); (F) THAT TENANT'S
THEN-CURRENT USE OF THE PREMISES DOES NOT INVOLVE THE GENERATION, MANUFACTURE,
REFINING, TRANSPORTATION, TREATMENT, STORAGE, HANDLING OR DISPOSAL OF ANY
HAZARDOUS MATERIALS (AS HEREINAFTER DEFINED); AND (H) SUCH OTHER MATTERS AS
LANDLORD OR TENANT MAY REASONABLY REQUEST.
ANY SUCH STATEMENT MAY BE RELIED
UPON BY ANY OWNER, MORTGAGEE, PROSPECTIVE MORTGAGEE, OR PROSPECTIVE PURCHASER OF
THE PROPERTY OR ANY PORTION THEREOF, OR ANY OTHER PERSON OR ENTITY DESIGNATED BY
LANDLORD.
IF WITHIN FIVE (5) DAYS AFTER A SECOND REQUEST THEREFOR WHICH IN
BOLDED CAPITAL LETTERS EXPRESSLY SO STATES IF ANY SUCH STATEMENT IS NOT
DELIVERED BY TENANT OR LANDLORD AS THE CASE MAY BE, THEN ALL MATTERS CONTAINED
IN SUCH STATEMENT AS PREPARED BY LANDLORD OR TENANT SHALL BE DEEMED TRUE AND
ACCURATE.
ARTICLE XXII
HOLDING OVER; END OF TERM
22.1
IF TENANT HOLDS OVER POSSESSION OF THE PREMISES BEYOND THE
EXPIRATION DATE OR PRIOR EXPIRATION OF THE TERM, SUCH HOLDING OVER SHALL NOT BE
DEEMED TO EXTEND THE TERM OR RENEW THIS LEASE BUT SUCH HOLDING OVER SHALL
CONTINUE UPON THE TERMS COVENANTS AND CONDITIONS OF THIS LEASE AS A TENANT AT
WILL EXCEPT THAT TENANT AGREES THAT THE CHARGE FOR USE AND OCCUPANCY OF THE
PREMISES FOR EACH CALENDAR MONTH OR PORTION THEREOF THAT TENANT HOLDS OVER (EVEN
IF SUCH PART SHALL BE ONE DAY) SHALL BE A LIQUIDATED SUM EQUAL TO ONE-TWELFTH
(1/12TH) OF 150% OF THE BASE RENT AND ADDITIONAL RENT REQUIRED TO BE PAID BY
TENANT DURING THE CALENDAR YEAR PRECEDING THE EXPIRATION DATE OR EARLIER
EXPIRATION OF THE TERM FOR THE PERIOD BEYOND THE EXPIRATION DATE OR PRIOR
EXPIRATION OF THE TERM.
THE PARTIES RECOGNIZE AND AGREE THAT THE DAMAGE TO
LANDLORD RESULTING FROM ANY FAILURE BY TENANT TO TIMELY SURRENDER POSSESSION OF
THE PREMISES WILL BE EXTREMELY SUBSTANTIAL, MAY EXCEED THE AMOUNT OF THE MONTHLY
BASE RENT AND ADDITIONAL RENT PAYABLE HEREUNDER AND WILL BE IMPOSSIBLE TO
ACCURATELY MEASURE.
IF THE PREMISES ARE NOT SURRENDERED WITHIN THIRTY (30) DAYS
OF THE EXPIRATION DATE OR PRIOR EXPIRATION OF THE TERM, IN ADDITION TO THE USE
AND OCCUPANCY CHARGE SET FORTH ABOVE, TENANT SHALL INDEMNIFY AND HOLD HARMLESS
LANDLORD AGAINST ANY AND ALL LOSSES AND LIABILITIES RESULTING THEREFROM,
INCLUDING, WITHOUT LIMITATION, ANY