AND PERFORMANCE OF ALL THE TERMS, COVENANTS
AND CONDITIONS OF THIS LEASE ON TENANT'S PART TO BE OBSERVED AND PERFORMED (BUT
NEITHER LANDLORD'S FAILURE TO REQUEST ANY SUCH AGREEMENT NOR THE FAILURE OF ANY
SUCH NEW PARTNER OR SHAREHOLDER, AS THE CASE MAY BE, TO EXECUTE OR DELIVER ANY
SUCH AGREEMENT TO LANDLORD SHALL VITIATE THE PROVISIONS OF CLAUSE "(IV)" OF THIS
SECTION 30.19(B)).
IF ANY PARTNER OR SHAREHOLDER, AS THE CASE MAY BE, WITHDRAWS
FROM PARTNERSHIP TENANT, THEN, IN ADDITION TO ALL OTHER RIGHTS AND REMEDIES
LANDLORD MAY HAVE IN THIS LEASE OR OTHERWISE, LANDLORD MAY, AT LANDLORD'S SOLE
OPTION, AUTOMATICALLY DEEM SUCH PARTNER OR SHAREHOLDER, AS THE CASE MAY BE, AS A
JOINT TENANT UNDER THIS LEASE.
30.20
LANDLORD COVENANTS THAT IF TENANT IS NOT IN DEFAULT (BEYOND ANY
APPLICABLE NOTICE, CURE OR GRACE PERIOD) OF ALL OF ITS OBLIGATIONS HEREUNDER
THEN, SUBJECT TO THE PROVISIONS OF THIS LEASE (INCLUDING, WITHOUT LIMITATION,
ARTICLE XXI), TENANT SHALL DURING THE TERM PEACEABLY AND QUIETLY OCCUPY AND
ENJOY THE FULL POSSESSION OF THE PREMISES WITHOUT HINDRANCE BY LANDLORD OR ANY
PARTY CLAIMING THROUGH OR UNDER LANDLORD.
30.21
WITHIN FIFTEEN (15) DAYS AFTER LANDLORD'S REQUEST FROM TIME TO TIME,
TENANT WILL FURNISH TO LANDLORD THE MOST RECENT FINANCIAL STATEMENTS OF TENANT
AND GUARANTOR (IF ANY), BOTH OF WHICH SHALL BE AUDITED, IF AVAILABLE (INCLUDING
ANY NOTES THERETO) OR, IF NO SUCH AUDITED STATEMENTS HAVE BEEN PREPARED, SUCH
OTHER FINANCIAL STATEMENTS (AND NOTES THERETO) PREPARED BY AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANT OR, IF UNAVAILABLE, TENANT'S AND ANY GUARANTOR'S
INTERNALLY PREPARED FINANCIAL STATEMENTS CERTIFIED AS TRUE AND COMPLETE BY
TENANT'S AND ANY GUARANTOR'S CHIEF FINANCIAL OFFICERS, RESPECTIVELY.
IF EITHER
TENANT OR GUARANTOR (IF ANY) ARE PUBLICLY-TRADED CORPORATIONS, TENANT OR
GUARANTOR (IF ANY) MAY SATISFY ITS RESPECTIVE OBLIGATIONS HEREUNDER BY PROVIDING
TO LANDLORD TENANT'S OR ANY GUARANTOR'S MOST RECENT RESPECTIVE ANNUAL AND
QUARTERLY REPORTS. LANDLORD WILL NOT DISCLOSE ANY ASPECT OF TENANT'S OR ANY
GUARANTOR'S FINANCIAL STATEMENTS THAT TENANT OR GUARANTOR (IF ANY) DESIGNATES TO
LANDLORD AS CONFIDENTIAL, EXCEPT TO LANDLORD'S MORTGAGEE OR PROSPECTIVE
PURCHASERS OR MORTGAGEES OF THE BUILDING OR THE PROPERTY, IN LITIGATION BETWEEN
LANDLORD AND TENANT, OR IF REQUIRED BY COURT ORDER.
TENANT AND GUARANTOR (IF
ANY) SHALL NOT BE REQUIRED TO DELIVER THE FINANCIAL STATEMENTS REQUIRED UNDER
THIS
F-61
SECTION 30.21 MORE THAN ONCE IN ANY TWELVE (12) MONTH PERIOD UNLESS REQUESTED BY
LANDLORD'S MORTGAGEE OR A PROSPECTIVE BUYER OR MORTGAGEE OF THE BUILDING OR THE
PROPERTY, OR IF AN EVENT OF DEFAULT OCCURS.
30.22
NEITHER THE PAYMENT BY TENANT OF A LESSER AMOUNT THAN THE MONTHLY
INSTALLMENT OF BASE RENT, ADDITIONAL RENT OR ANY SUMS DUE HEREUNDER, NOR ANY
ENDORSEMENT OR STATEMENT ON ANY CHECK OR LETTER ACCOMPANYING A CHECK FOR PAYMENT
OF RENT OR OTHER SUMS PAYABLE HEREUNDER, SHALL BE DEEMED AN ACCORD AND
SATISFACTION.
LANDLORD MAY ACCEPT SAME WITHOUT PREJUDICE TO LANDLORD'S RIGHT TO
RECOVER THE BALANCE OF SUCH RENT OR OTHER SUMS OR TO PURSUE ANY OTHER REMEDY.
NOTWITHSTANDING ANY REQUEST OR DESIGNATION BY TENANT, LANDLORD