SUCH DEFAULT
CANNOT BE CURED WITHIN THAT TIME, THEN SUCH ADDITIONAL TIME AS MAY BE NECESSARY
TO CURE SUCH DEFAULT (INCLUDING THE TIME NECESSARY TO FORECLOSE OR OTHERWISE
TERMINATE ITS ENCUMBRANCE, IF NECESSARY TO EFFECT SUCH CURE), AND TENANT SHALL
NOT PURSUE ANY REMEDY AGAINST LANDLORD SO LONG AS SUCH CURE IS BEING DILIGENTLY
PURSUED.
21.
ESTOPPEL CERTIFICATES. WITHIN TEN (10) BUSINESS DAYS AFTER WRITTEN
REQUEST THEREFOR, TENANT SHALL EXECUTE AND DELIVER TO LANDLORD, IN A FORM
PROVIDED BY OR SATISFACTORY TO LANDLORD, A CERTIFICATE STATING THAT THIS LEASE
IS IN FULL FORCE AND EFFECT, DESCRIBING ANY AMENDMENTS OR MODIFICATIONS HERETO,
ACKNOWLEDGING THAT THIS LEASE IS SUBORDINATE OR PRIOR, AS THE CASE MAY BE, TO
ANY ENCUMBRANCE AND STATING ANY OTHER INFORMATION LANDLORD MAY REASONABLY
REQUEST, INCLUDING THE TERM, THE MONTHLY BASE RENT, THE DATE TO WHICH RENT HAS
BEEN PAID, THE AMOUNT OF ANY SECURITY DEPOSIT OR PREPAID RENT, WHETHER EITHER
PARTY HERETO IS IN DEFAULT UNDER THE TERMS OF THE LEASE, AND WHETHER LANDLORD
HAS COMPLETED ITS CONSTRUCTION OBLIGATIONS HEREUNDER (IF ANY). TENANT
IRREVOCABLY CONSTITUTES, APPOINTS AND AUTHORIZES LANDLORD AS TENANT'S SPECIAL
ATTORNEY-IN-FACT FOR SUCH PURPOSE TO COMPLETE, EXECUTE AND DELIVER SUCH
CERTIFICATE IF TENANT FAILS TIMELY TO EXECUTE AND DELIVER SUCH CERTIFICATE AS
PROVIDED ABOVE. ANY PERSON OR ENTITY PURCHASING, ACQUIRING AN INTEREST IN OR
EXTENDING FINANCING WITH RESPECT TO THE PROPERTY SHALL BE ENTITLED TO RELY UPON
ANY SUCH CERTIFICATE. IF TENANT FAILS TO DELIVER SUCH CERTIFICATE WITHIN TEN
(10) BUSINESS DAYS AFTER LANDLORD'S SECOND WRITTEN REQUEST THEREFOR, TENANT
SHALL BE LIABLE TO LANDLORD FOR ANY DAMAGES INCURRED BY LANDLORD INCLUDING ANY
PROFITS OR OTHER BENEFITS FROM ANY FINANCING OR ATTEMPTED FINANCING OF THE
PROPERTY OR ANY INTEREST
35
THEREIN WHICH ARE LOST OR MADE UNAVAILABLE AS A RESULT, DIRECTLY OR INDIRECTLY,
OF TENANT'S FAILURE OR REFUSAL TO TIMELY EXECUTE OR DELIVER SUCH ESTOPPEL
CERTIFICATE.
22.
NOTICES. ANY NOTICE, DEMAND, REQUEST, CONSENT OR APPROVAL THAT
EITHER PARTY DESIRES OR IS REQUIRED TO GIVE TO THE OTHER PARTY UNDER THIS LEASE
SHALL NOT BE EFFECTIVE UNLESS IT IS IN WRITING AND SERVED PERSONALLY, DELIVERED
BY MESSENGER OR COURIER SERVICE, OR SENT BY U.S. CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, POSTAGE PREPAID, ADDRESSED TO THE OTHER PARTY AT THE PARTY'S ADDRESS
FOR NOTICES SET FORTH IN THE BASIC LEASE INFORMATION. ANY NOTICE REQUIRED
PURSUANT TO ANY LAWS MAY BE INCORPORATED INTO, GIVEN CONCURRENTLY WITH OR GIVEN
SEPARATELY FROM ANY NOTICE REQUIRED UNDER THIS LEASE. NOTICES SHALL BE DEEMED TO
HAVE BEEN GIVEN AND BE EFFECTIVE ON THE EARLIER OF (A)
RECEIPT (OR REFUSAL OF
DELIVERY OR RECEIPT); OR (B) ONE (1) DAY AFTER ACCEPTANCE BY THE INDEPENDENT
SERVICE FOR DELIVERY, IF SENT BY INDEPENDENT MESSENGER OR COURIER SERVICE, OR
THREE (3) DAYS AFTER MAILING IF SENT BY MAIL IN ACCORDANCE WITH THIS SECTION.
EITHER PARTY MAY CHANGE ITS ADDRESS FOR NOTICES HEREUNDER, EFFECTIVE FIFTEEN
(15) DAYS AFTER NOTICE TO THE OTHER PARTY COMPLYING WITH THIS SECTION. IF TENANT
SUBLETS THE PREMISES, NOTICES FROM LANDLORD SHALL BE EFFECTIVE ON