ANY CANCELLATION OR SURRENDER OF THE SAME, MADE
WITHOUT ITS PRIOR WRITTEN APPROVAL.
25.04
IF, IN CONNECTION WITH THE FINANCING OF THE BUILDING
OR THE COMPLEX, THE HOLDER OF ANY MORTGAGE SHALL REQUEST REASONABLE
MODIFICATIONS IN THIS LEASE AS A CONDITION OF APPROVAL THEREOF, TENANT WILL NOT
UNREASONABLY WITHHOLD, DELAY OR DEFER MAKING SUCH MODIFICATIONS PROVIDED THE
SAME DO NOT (I) INCREASE THE BASIC ANNUAL RENT OR ADDITIONAL RENT PAYABLE BY
TENANT, (II) REDUCE THE TERM HEREOF, (III) EXTEND THE TERM HEREOF OR
(IV) ADVERSELY AFFECT ANY OF TENANT'S RIGHTS OR INCREASE ITS OBLIGATIONS (EXCEPT
IN A DE MINIMIS MANNER).
25.05
ANY HOLDER OF A SUPERIOR INSTRUMENT MAY AT ANY TIME
AND FROM TIME TO TIME ELECT TO HAVE THIS LEASE MADE PRIOR TO SUCH SUPERIOR
INSTRUMENT AND, UPON NOTIFICATION OF SUCH ELECTION FROM SUCH HOLDER TO TENANT,
THIS LEASE SHALL HAVE PRIORITY OVER SUCH SUPERIOR INSTRUMENT, WHETHER THIS LEASE
IS DATED, EXECUTED, DELIVERED AND/OR RECORDED PRIOR OR SUBSEQUENT TO THE DATE
SUCH SUPERIOR INSTRUMENT IS DATED, EXECUTED, DELIVERED AND/OR RECORDED.
25.06
TENANT SHALL GIVE EACH HOLDER OF A SUPERIOR INSTRUMENT
A COPY OF ANY NOTICE OF DEFAULT SERVED UPON LANDLORD, PROVIDED THAT TENANT HAS
BEEN NOTIFIED OF THE ADDRESS OF SUCH HOLDER.
IF LANDLORD FAILS TO CURE ANY
DEFAULT AS TO WHICH TENANT IS OBLIGATED TO GIVE NOTICE PURSUANT TO THE PRECEDING
SENTENCE WITHIN THE TIME PROVIDED FOR IN THIS LEASE, THEN EACH SUCH HOLDER SHALL
HAVE AN ADDITIONAL THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE WITHIN WHICH TO
CURE SUCH DEFAULT, OR IF SUCH DEFAULT CANNOT BE CURED BY SUCH HOLDER WITHIN THAT
TIME (BECAUSE SUCH HOLDER MUST FIRST OBTAIN POSSESSION OF THE DEMISED PREMISES
OR OTHER PORTIONS OF THE COMPLEX, OR OTHERWISE), THEN SUCH ADDITIONAL TIME AS
MAY BE NECESSARY IF, WITHIN SUCH 30 DAYS, ANY SUCH HOLDER HAS COMMENCED AND IS
DILIGENTLY PURSUING THE ACKNOWLEDGED REMEDIES REASONABLY NECESSARY TO CURE SUCH
DEFAULT, IN WHICH EVENT THIS LEASE SHALL NOT BE TERMINATED WHILE SUCH REMEDIES
ARE BEING SO DILIGENTLY PURSUED, IT BEING ACKNOWLEDGED BY TENANT THAT SUCH
HOLDER SHALL NOT BE OBLIGATED TO REMEDY OR CAUSE TO BE REMEDIED SUCH DEFAULT.
ARTICLE 26
CERTIFICATE OF TENANT
26.01
TENANT SHALL, WITHOUT CHARGE, AT ANY TIME AND FROM
TIME TO TIME, WITHIN TEN (10) BUSINESS DAYS AFTER REQUEST BY LANDLORD, EXECUTE,
ACKNOWLEDGE AND DELIVER TO LANDLORD, THE HOLDER OF A SUPERIOR INSTRUMENT OR ANY
OTHER PERSON, FIRM OR CORPORATION SPECIFIED BY LANDLORD, A WRITTEN INSTRUMENT IN
THE FORM ATTACHED HERETO AS SCHEDULE F OR SUCH OTHER FORM AS MAY BE REQUIRED BY
THE HOLDER OF ANY SUPERIOR INSTRUMENT, PROVIDED THAT LANDLORD SHALL NOT REQUEST
SUCH WRITTEN INSTRUMENT EXCEPT FOR A LEGITIMATE BUSINESS PURPOSE.
IF TENANT
BELIEVES THAT ANY OF THE CERTIFICATIONS CONTAINED THEREIN ARE INACCURATE, SAID
WRITTEN INSTRUMENT SHALL SET FORTH, IN REASONABLE DETAIL, THE BASIS FOR TENANT'S
ASSERTIONS THAT SUCH CERTIFICATIONS ARE INACCURATE.
26.02
TENANT AGREES THAT, IT WILL PAY NO RENT UNDER THIS
LEASE MORE THAN THIRTY (30) DAYS IN ADVANCE OF ITS DUE DATE, IF