than one (1) month in advance unless
otherwise specified in the Lease.
1.13
No Other Assignment.
Tenant has received no notice,
and does not have actual knowledge of, any other assignment of the landlord's
interest in the Lease.
1.14
No Purchase Option or Preferential Right to
Purchase.
Tenant does not have any option or preferential right to purchase all
or any part of the Property, except as follows:
(if none, write "None").
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1.15
Possession. Except for any sublease set forth in
Exhibit A, Tenant is in full and complete possession of the Property and has
accepted the Property, including any tenant improvements or other work of Owner
performed thereon pursuant to the terms and provisions of the Lease, and the
Property is in compliance with the Lease. There are no contributions, credits,
free rent, rent abatements, deductions, concessions, rebates, unpaid or
unreimbursed construction allowances, offsets or other sums due to Tenant from
Owner under the Lease, except
.
1.16
Open and Operating.
Except as permitted under the
Lease, Tenant is open for business and in operation on the Property.
1.17
Authority.
The undersigned representative of Tenant
is duly authorized and fully qualified to execute this instrument on behalf of
Tenant thereby binding Tenant.
1.18
Financial Condition; Bankruptcy.
Since the date of
the Lease, there has been no material adverse change in the financial condition
of the Tenant, and there are no voluntary actions or, to Tenant's best
knowledge, involuntary actions pending against Tenant under the bankruptcy laws
of the United States or any state thereof.
2.
HEIRS, SUCCESSORS AND ASSIGNS.
THE
COVENANTS HEREIN SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF, THE HEIRS,
SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO.
WHENEVER NECESSARY OR APPROPRIATE
TO GIVE LOGICAL MEANING TO A PROVISION OF THIS AGREEMENT, THE TERM "OWNER" SHALL
BE DEEMED TO MEAN THE THEN CURRENT OWNER OF THE PROPERTY AND THE LANDLORD'S
INTEREST IN THE LEASE.
3.
NOTICE OF CHANGES.
TENANT ACKNOWLEDGES
AND AGREES THAT OWNER AND LENDER SHALL BE ENTITLED TO RELY ON TENANT'S
CERTIFICATIONS SET FORTH HEREIN.
TENANT HEREBY FURTHER AGREES FOR A PERIOD OF
THIRTY (30) DAYS FROM THE DATE HEREOF TO NOTIFY OWNER AND LENDER IN WRITING OF
ANY MATERIAL CHANGES IN THE TRUTH AND ACCURACY OF ANY OF THE CERTIFICATIONS
CONTAINED HEREIN PROMPTLY UPON TENANT'S ACTUAL KNOWLEDGE OF EACH SUCH CHANGE.
FOR PURPOSES OF THIS SECTION, OWNER'S AND LENDER'S ADDRESS ARE AS FOLLOWS UNLESS
OTHERWISE NOTIFIED BY OWNER AND LENDER:
Owner:
Lender:
[NAME OF LANDLORD
HERE:
Tel. No.:
Tel. No.:
Fax No.:
Fax No.:
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4.
"ACTUAL KNOWLEDGE".
AS USED HEREIN, THE
TERM "TENANT'S ACTUAL KNOWLEDGE" OR ANY GRAMMATICAL VARIATION THEREOF SHALL MEAN
AND REFER TO THE ACTUAL KNOWLEDGE OF THE UNDERSIGNED WITHOUT ANY DUTY TO
INVESTIGATE WHATSOEVER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS CERTIFICATE, IT IS ACKNOWLEDGED AND AGREED BY ANY PARTY RELYING ON THIS
CERTIFICATE THAT THE UNDERSIGNED SHALL HAVE NO PERSONAL LIABILITY HEREUNDER.
[Signature Page to Follow]
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IN WITNESS WHEREOF, Tenant has executed