DEPOSIT HAS COME INTO ITS ACTUAL POSSESSION AND TENANT WOULD BE ENTITLED TO
SUCH SECURITY DEPOSIT PURSUANT TO THE TERMS OF THIS LEASE.
25.04
INTENTIONALLY OMITTED.
25.05
TENANT HAS NOTICE THAT THE LEASE AND THE RENTS AND ALL OTHER
SUMS DUE THEREUNDER HAVE BEEN OR MAY BE ASSIGNED TO ANY MORTGAGEE AS SECURITY
FOR A MORTGAGE LOAN.
IN THE EVENT ANY SUCH MORTGAGEE NOTIFIES TENANT OF THE
OCCURRENCE OF AN EVENT OF DEFAULT UNDER ITS MORTGAGE AND DEMANDS THAT TENANT PAY
ITS RENTS AND ALL OTHER SUMS DUE OR TO BECOME DUE UNDER THE LEASE DIRECTLY TO
THE MORTGAGEE, TENANT SHALL HONOR SUCH DEMAND AND PAY ITS RENT AND ALL OTHER
SUMS DUE UNDER THE LEASE DIRECTLY TO SUCH MORTGAGEE OR AS OTHERWISE AUTHORIZED
IN WRITING BY SUCH MORTGAGEE.
LANDLORD HEREBY IRREVOCABLY AUTHORIZES TENANT TO
MAKE THE FOREGOING PAYMENTS TO SUCH MORTGAGEE UPON SUCH NOTICE AND DEMAND.
ARTICLE 26
CERTIFICATE OF TENANT
26.01
TENANT AGREES, AT ANY TIME AND FROM TIME TO TIME, AS
REQUESTED BY LANDLORD OR ANY MORTGAGEE, UPON NOT LESS THAN TEN (10) DAYS' PRIOR
NOTICE, TO EXECUTE AND DELIVER TO LANDLORD A STATEMENT CERTIFYING THAT THIS
LEASE IS UNMODIFIED AND IN FULL FORCE AND EFFECT (OR IF THERE HAVE BEEN
MODIFICATIONS, THAT THE SAME IS IN FULL FORCE AND EFFECT AS MODIFIED AND STATING
THE MODIFICATIONS), CERTIFYING THE DATES TO WHICH THE FIXED ANNUAL RENT AND
ADDITIONAL RENT HAVE BEEN PAID, AND STATING WHETHER OR NOT, TO THE BEST
KNOWLEDGE OF TENANT, LANDLORD IS IN DEFAULT IN PERFORMANCE OF ANY OF ITS
OBLIGATIONS UNDER THIS LEASE, AND, IF SO, SPECIFYING EACH SUCH DEFAULT OF WHICH
TENANT MAY HAVE KNOWLEDGE AND CONTAINING SUCH OTHER INFORMATION AS LANDLORD MAY
REQUEST, IT BEING INTENDED THAT ANY SUCH STATEMENT DELIVERED PURSUANT HERETO MAY
BE RELIED UPON BY OTHERS WITH WHOM LANDLORD MAY BE DEALING.
26.02
IN THE EVENT OF ANY ACT OR OMISSION BY LANDLORD, TENANT WILL
NOT EXERCISE ANY RIGHT TO TERMINATE THIS LEASE (OTHER THAN IN CONNECTION WITH
CASUALTY OR EMINENT DOMAIN) OR TO REMEDY THE DEFAULT AND DEDUCT THE COST THEREOF
FROM RENT DUE HEREUNDER UNTIL TENANT SHALL HAVE GIVEN WRITTEN NOTICE OF SUCH ACT
OR OMISSION TO THE GROUND LESSOR AND TO THE HOLDER OF ANY MORTGAGE ON THE FEE OR
THE GROUND LEASE TO THE EXTENT SUCH PARTIES HAVE BEEN PREVIOUSLY IDENTIFIED TO
TENANT BY WRITTEN NOTICE, AND UNTIL A REASONABLE PERIOD FOR REMEDYING SUCH ACT
OR OMISSION SHALL HAVE ELAPSED FOLLOWING THE GIVING OF SUCH NOTICES, AND
FOLLOWING THE TIME WHEN SUCH LESSOR OR HOLDER SHALL HAVE THE RIGHT PURSUANT TO
SUCH SUPERIOR INSTRUMENT TO CURE THE SAME, DURING WHICH TIME SUCH LESSOR OR
HOLDER SHALL HAVE THE RIGHT, BUT SHALL NOT BE OBLIGATED, TO REMEDY OR CAUSE TO
39
BE REMEDIED SUCH ACT OR OMISSION.
TENANT SHALL NOT EXERCISE ANY RIGHT PURSUANT
TO THIS SECTION 26.02 IF THE HOLDER OF ANY MORTGAGE OR SUCH AFORESAID LESSOR
COMMENCES TO CURE SUCH AFORESAID ACT OR OMISSION WITHIN A REASONABLE TIME AND
DILIGENTLY PROSECUTES SUCH