FROM
THE CONDEMNING AUTHORITY SUCH COMPENSATION AS MAY BE SEPARATELY AWARDED OR
RECOVERABLE BY LESSEE FOR LOSS OF ITS BUSINESS FIXTURES, MOVING EXPENSES OR
EQUIPMENT BELONGING TO LESSEE IMMEDIATELY PRIOR TO THE CONDEMNATION.
THE
BALANCE OF ANY CONDEMNATION AWARD SHALL BELONG TO LESSOR (INCLUDING, WITHOUT
LIMITATION, ANY AMOUNT ATTRIBUTABLE TO ANY EXCESS OF THE MARKET VALUE OF THE
PREMISES FOR
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the remainder of the Lease Term over the then present value of the rent payable
for the remainder of the Lease Term) and Lessee shall have no further right to
recover from Lessor or the condemning authority for any claims arising out of
such taking.
ARTICLE XIV
ENTRY BY LESSOR
SECTION 14.01.
ENTRY BY LESSOR PERMITTED.
LESSEE SHALL PERMIT LESSOR AND
ITS EMPLOYEES, AGENTS AND CONTRACTORS TO ENTER THE PREMISES AND ALL PARTS
THEREOF (I) UPON TWENTY-FOUR (24) HOURS NOTICE (OR WITHOUT NOTICE IN AN
EMERGENCY), INCLUDING WITHOUT LIMITATION, THE BUILDING AND ALL PARTS THEREOF AT
ALL REASONABLE TIMES FOR ANY OF THE FOLLOWING PURPOSES: TO INSPECT THE PREMISES;
TO MAINTAIN THE PREMISES (IN ACCORDANCE WITH THE TERMS OF THIS LEASE); TO MAKE
SUCH REPAIRS TO THE PREMISES AS LESSOR IS OBLIGATED OR MAY ELECT TO MAKE
PURSUANT TO THE TERMS OF THIS LEASE; TO MAKE REPAIRS, ALTERATIONS OR ADDITIONS
TO ANY OTHER PORTION OF THE PROJECT AND (II) UPON TWENTY-FOUR (24) HOURS NOTICE
TO SHOW THE PREMISES AND POST "TO LEASE" SIGNS FOR THE PURPOSES OF RELETTING
DURING THE LAST TWELVE (12) MONTHS OF THE LEASE TERM (PROVIDED THAT LESSEE HAS
FAILED TO EXERCISE ITS OPTION TO EXTEND) OR EXTENDED LEASE TERM TO SHOW THE
PREMISES AS PART OF A PROSPECTIVE SALE BY LESSOR OR TO POST NOTICES OF
NONRESPONSIBILITY.
LESSOR SHALL HAVE SUCH RIGHT OF ENTRY WITHOUT ANY REBATE OF
RENT TO LESSEE FOR ANY LOSS OF OCCUPANCY OR QUIET ENJOYMENT OF THE PREMISES
HEREBY OCCASIONED.
ARTICLE XV
ESTOPPEL CERTIFICATE
SECTION 15.01.
ESTOPPEL CERTIFICATE.
(A)
LESSEE SHALL AT ANY TIME UPON NOT LESS THAN FIFTEEN (15) DAYS'
PRIOR WRITTEN NOTICE FROM LESSOR EXECUTE, ACKNOWLEDGE AND DELIVER TO LESSOR A
STATEMENT IN WRITING (I) CERTIFYING, IF TRUE, THAT THIS LEASE IS UNMODIFIED AND
IN FULL FORCE AND EFFECT (OR, IF MODIFIED, STATING THE NATURE OF SUCH
MODIFICATION AND CERTIFYING, IF TRUE, THAT THIS LEASE, AS SO MODIFIED, IS IN
FULL FORCE AND EFFECT) AND THE DATE TO WHICH THE RENT AND OTHER CHARGES ARE PAID
IN ADVANCE, IF ANY, AND (II) ACKNOWLEDGING, IF TRUE, THAT THERE ARE NOT, TO
LESSEE'S KNOWLEDGE, ANY UNCURED DEFAULTS ON THE PART OF LESSOR HEREUNDER, OR
SPECIFYING SUCH DEFAULTS IF ANY ARE CLAIMED AND (III) CERTIFYING OR
ACKNOWLEDGING SUCH OTHER MATTERS AS ARE REQUESTED BY ANY PROSPECTIVE LENDER OR
BUYER WHICH ARE REASONABLY RELATED TO THE LOAN OR SALE TRANSACTION.
ANY SUCH
STATEMENT MAY BE CONCLUSIVELY RELIED UPON BY ANY PROSPECTIVE PURCHASER OR
ENCUMBRANCER OF THE PREMISES.
(B)
LESSEE'S FAILURE TO DELIVER SUCH STATEMENT WITHIN SUCH TIME SHALL
BE CONCLUSIVE UPON LESSEE (I) THAT THIS LEASE IS IN FULL FORCE AND EFFECT,