AS MAY BE REASONABLE AND CUSTOMARY UNDER NEVADA LAW
EVIDENCING SUCH CONTINUED LIABILITY.
(b)
Affiliate of Tenant Defined.
For purposes
of this Lease, the term "Affiliate of Tenant" shall mean any person,
partnership, joint venture, corporation or other form of enterprise, domestic or
foreign, including but not limited to subsidiaries whether one or more, that
directly or indirectly, control, are controlled by, or are under common control
with or have an ownership interest in, with or of Tenant.
ARTICLE XI
RIGHT OF ENTRY
SECTION 11.01.
RIGHT OF ENTRY.
(A)
LANDLORD'S RIGHT.
LANDLORD OR LANDLORD'S
AGENTS SHALL HAVE THE RIGHT TO ENTER THE LEASEHOLD PREMISES UPON SEVENTY TWO
(72) HOURS ADVANCE WRITTEN NOTICE (AN "AUTHORIZED ENTRY") FOR ANY OF THE
FOLLOWING PURPOSES:
(I) SHOWING IT TO PROSPECTIVE PURCHASERS OF THE LEASEHOLD
PREMISES; (II) MAKING SUCH REPAIRS, ALTERATIONS, IMPROVEMENTS OR ADDITIONS AS
LANDLORD MAY DEEM NECESSARY OR DESIRABLE (TO THE EXTENT THAT LANDLORD HAS THE
POWER OR DUTY TO MAKE SUCH REPAIRS, ALTERATIONS, IMPROVEMENTS OR ADDITIONS UNDER
THE EXPRESS TERMS OF THIS LEASE);
AND (III)
SEEKING IN GOOD FAITH TO
DETERMINE WHETHER TENANT IS IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS
LEASE.
(B)
MATERIALS.
LANDLORD SHALL BE ALLOWED TO
TAKE ALL MATERIAL INTO AND UPON SUCH LEASEHOLD PREMISES THAT MAY BE REQUIRED FOR
THE MATTERS DESCRIBED IN SUBSECTION (A) ABOVE WITHOUT THE SAME CONSTITUTING AN
EVICTION OF TENANT IN WHOLE OR IN PART AND THE RENT RESERVED SHALL IN NO EVENT
ABATE, BY REASON OF LOSS OR INTERRUPTION OF BUSINESS, OR OTHERWISE, DURING THE
PERIOD WHEN SUCH REPAIRS, ALTERATIONS, IMPROVEMENTS OR ADDITIONS ARE BEING MADE.
(C)
GOOD FAITH OBLIGATION.
IN MAKING ANY
AUTHORIZED ENTRY, LANDLORD SHALL COOPERATE, IN GOOD FAITH, WITH TENANT TO THE
GREATEST EXTENT REASONABLY POSSIBLE AND SHALL TAKE ALL REASONABLE EFFORTS TO
ENSURE THAT TENANT'S BUSINESS OPERATIONS ON THE LEASEHOLD PREMISES, IN
ACCORDANCE WITH THIS LEASE, ARE NOT DISTURBED BY ANY AUTHORIZED ENTRY.
26
ARTICLE XII
ESTOPPEL, SUBORDINATION, ATTORNMENT, NON-DISTURBANCE
SECTION12.01.
ESTOPPEL CERTIFICATES FROM TENANT.
(A)
WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM
LANDLORD, TENANT SHALL EXECUTE, ACKNOWLEDGE AND DELIVER TO LANDLORD A WRITTEN
CERTIFICATE SETTING FORTH:
(I)
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 DATE TO WHICH THE
MONTHLY , BASE RENT AND ADDITIONAL RENT ARE PAID IN ADVANCE, IF ANY;
(II)
THE COMMENCEMENT AND TERMINATION DATES OF THIS LEASE;
(III)
ALL CIRCUMSTANCES KNOWN TO TENANT IN TENANT'S CURRENT, ACTUAL
KNOWLEDGE WHICH, AS OF THE DATE OF THE CERTIFICATE, CONSTITUTE AN UNCURED
DEFAULT BY LANDLORD HEREUNDER, OR WHICH WITH THE LAPSE OF ANY APPLICABLE NOTICE
PERIOD UNDER THIS LEASE WOULD CONSTITUTE A DEFAULT BY LANDLORD.
(B)
ANY CERTIFICATE WHICH IS DELIVERED TO LANDLORD UNDER THIS
SECTION 12.01 MAY BE RELIED ON BY ANY PROSPECTIVE PURCHASER OF, OR PERSON
ENCUMBERING, THE LEASEHOLD PREMISES.
SECTION 12.02.
SUBORDINATION.
LANDLORD IS HEREBY IRREVOCABLY VESTED WITH
FULL POWER