PREMISES, A STATEMENT
CERTIFYING, IF APPLICABLE, OR EXCEPT AS OTHERWISE NOTED, THE FOLLOWING:
THAT
TENANT IS IN POSSESSION OF THE PREMISES; THE PREMISES ARE ACCEPTABLE; THE LEASE
IS IN FULL FORCE AND EFFECT; THE LEASE IS UNMODIFIED; TENANT CLAIMS NO PRESENT
CHARGE, LIEN, OR CLAIM OF OFFSET AGAINST RENT; THE RENT IS PAID FOR THE CURRENT
MONTH, BUT IS NOT PREPAID FOR MORE THAN ONE MONTH AND WILL NOT BE PREPAID FOR
MORE THAN ONE MONTH IN ADVANCE; THERE IS NO EXISTING DEFAULT BY REASON OF SOME
ACT OR OMISSION BY LANDLORD; AND SUCH OTHER MATTERS AS MAY BE REASONABLY
REQUIRED BY LANDLORD.
TENANT HEREBY APPOINTS LANDLORD AS ITS LAWFUL ATTORNEY IN
FACT TO EXECUTE ANY ESTOPPEL CERTIFICATE REQUIRED BY LANDLORD AND NOT EXECUTED
BY TENANT WITHIN SUCH TEN (10) BUSINESS DAYS.
23.2.
PARKING.
LANDLORD SHALL MAKE AVAILABLE ALL OF THE AVAILABLE PARKING
SPACES IN THE PARKING AREAS OF THE PROPERTY EXISTING AS OF THE DATE HEREOF TO
TENANT AND ITS CUSTOMERS AND GUESTS, EXCEPT IN THE EVENT THAT THE PROPERTY IS OR
BECOMES A MULTI-TENANT PROPERTY, IN WHICH CASE LANDLORD SHALL PROVIDE SUFFICIENT
PARKING SPACES IN PROPORTION TO TENANT'S PRO-RATA SHARE OF THE PROPERTY, ON AN
UNASSIGNED, NONEXCLUSIVE BASIS FOR TENANT TO OPERATE ITS BUSINESS.
TENANT SHALL
NOT INTERFERE, NOR PERMIT ITS AGENTS, EMPLOYEES, CONTRACTORS, CUSTOMERS,
INVITEES OR LICENSEES TO INTERFERE WITH THE RIGHTS OF LANDLORD AND OTHERS
ENTITLED TO USE THE PARKING AREAS.
ALL PARKING FACILITIES FURNISHED BY LANDLORD
SHALL BE SUBJECT TO THE REASONABLE CONTROL AND MANAGEMENT OF LANDLORD, WHO MAY,
FROM TIME TO TIME, (A) ESTABLISH, MODIFY AND ENFORCE REASONABLE RULES AND
REGULATIONS WITH RESPECT THERETO, (B) CHANGE OR RECONFIGURE THE PARKING
FACILITIES, INCLUDING CHANGING THE LOCATION OF ALL VISITOR OR CUSTOMER SPACES,
PROVIDED SUCH CHANGES OR RECONFIGURATIONS ARE NO LESS ADVANTAGEOUS TO TENANT AND
ITS CUSTOMERS AND GUESTS, (C)
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CONSTRUCT OR REPAIR ANY PORTION THEREOF, AND/OR (D) ASSIGN PARKING SPACES IN
DESIGNATED AREAS. TENANT SHALL HAVE THE ABILITY, RIGHT AND SUFFICIENT ACCESS AND
SPACE TO SITE A MOBILE MRI UNIT IN THE PARKING OR OTHER AREAS OF THE PROPERTY IN
A LOCATION REASONABLY ACCEPTABLE TO TENANT, IF POSSIBLE.
23.3.
MERGER.
ALL PRIOR UNDERSTANDINGS AND AGREEMENTS BETWEEN THE PARTIES
SOLELY WITH RESPECT TO THE PREMISES AND PROPERTY ARE MERGED IN THIS LEASE,
INCLUDING THE PRIOR LEASE BETWEEN LANDLORD AND TENANT, DATED DECEMBER 1, 1997,
AND THE GUARANTY OF THAT LEASE BY GUARANTOR, BOTH OF WHICH ARE HEREBY TERMINATED
AND OF NO FURTHER FORCE OR EFFECT, AND THIS LEASE SHALL SUPERSEDE SUCH PRIOR
LEASE AND GUARANTY, AND THIS LEASE ALONE FULLY AND COMPLETELY EXPRESSES THE
AGREEMENT OF THE PARTIES; PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING
SENTENCE, NOTHING IN THIS LEASE SHALL AFFECT THE RIGHTS AND OBLIGATIONS OF THE
PARTIES PURSUANT TO THAT CERTAIN CONFIDENTIAL SETTLEMENT AND MUTUAL RELEASE
ENTERED INTO BY AND BETWEEN LANDLORD AND ITS RELATED ENTITIES AND GUARANTOR AND
ITS RELATED ENTITIES DATED OF EVEN DATE HEREWITH.
NO AGREEMENT SHALL BE
EFFECTIVE TO MODIFY THIS LEASE, IN WHOLE OR IN PART, UNLESS SUCH AGREEMENT