OR OFFSETS AGAINST THE ENFORCEMENT OF THE LEASE BY LANDLORD, OR
STATING THE DEFAULTS AND/OR DEFENSES OR OFFSETS AGAINST THE ENFORCEMENT OF THE
LEASE BY LANDLORD, OR STATING THE DEFAULTS AND/OR DEFENSES CLAIMED BY TENANT;
(VI) RECITING THE AMOUNT OF ADVANCE RENT, IF ANY, PAID BY TENANT AND THE DATE TO
WHICH SUCH RENT HAS BEEN PAID; (VII) RECITING THE AMOUNT OF SECURITY DEPOSITED
WITH LANDLORD, IF ANY; AND (VIII) ANY OTHER INFORMATION WHICH LANDLORD OR
MORTGAGEE SHALL REQUIRE.
THE FAILURE OF TENANT TO EXECUTE, ACKNOWLEDGE AND
DELIVER TO LANDLORD AND/OR ANY MORTGAGEE OR PERSPECTIVE MORTGAGEE OF LANDLORD A
STATEMENT IN ACCORDANCE WITH THE PROVISIONS HEREIN WITHIN THE PERIOD SET FORTH
HEREIN SHALL CONSTITUTE AN ACKNOWLEDGMENT BY TENANT WHICH MAY BE RELIED UPON BY
ANY PERSON HOLDING OR INTENDING TO ACQUIRE ANY INTEREST WHATSOEVER IN THE
DEMISED PREMISES OR THE CENTER THAT THE LEASE HAS NOT BEEN ASSIGNED, AMENDED,
CHANGED OR MODIFIED, IS IN FULL FORCE AND EFFECT AND THAT THE MINIMUM ANNUAL
RENT AND ADDITIONAL RENT HAVE BEEN DULY AND FULLY PAID NOT BEYOND THE RESPECTIVE
DUE DATES IMMEDIATELY PRECEDING THE DATE OF THE REQUEST FOR SUCH STATEMENT AND
SHALL CONSTITUTE AS TO ANY PERSONS ENTITLED TO RELY ON SUCH STATEMENTS A WAIVER
OF ANY DEFAULTS BY LANDLORD OR DEFENSES OR OFFSETS AGAINST THE ENFORCEMENT OF
THE LEASE BY LANDLORD WHICH MAY EXIST PRIOR TO THE DATE OF THE WRITTEN REQUEST,
AND LANDLORD, AT ITS OPTION, MAY TREAT SUCH FAILURE AS A EVENT OF DEFAULT.
7.4.
MORTGAGEE'S UNILATERAL SUBORDINATION.
NOTWITHSTANDING ANYTHING IN
THIS LEASE TO THE CONTRARY, IF A MORTGAGEE SHALL SO ELECT BY NOTICE TO TENANT
AND THE RECORDING OF A UNILATERAL DECLARATION OF SUBORDINATION, THIS LEASE AND
TENANT'S RIGHTS HEREUNDER SHALL BE SUPERIOR AND PRIOR IN RIGHT TO THE MORTGAGE
OR DEED TO SECURE DEBT OF WHICH SUCH MORTGAGEE HAS THE BENEFIT, WITH THE SAME
FORCE AND EFFECT AS IF THIS LEASE HAD BEEN EXECUTED, DELIVERED AND RECORDED
PRIOR TO THE EXECUTION, DELIVERY AND RECORDING OF SUCH MORTGAGE OR DEED TO
SECURE DEBT, SUBJECT TO SUCH CONDITIONS AS MAY BE SET FORTH IN ANY SUCH NOTICE
OR DECLARATION.
12
7.5.
NOTICE TO MORTGAGEE.
IF ANY MORTGAGEE SHALL NOTIFY TENANT THAT IT
IS THE HOLDER OF A MORTGAGE OR DEED TO SECURE DEBT AFFECTING THE DEMISED
PREMISES, TENANT SHALL THEREAFTER PROVIDE SUCH MORTGAGEE WITH (A) COPIES OF ALL
NOTICES OF DEFAULT DELIVERED BY TENANT TO LANDLORD AND (B) PRIOR TO EXERCISING
ANY RIGHT TENANT MAY HAVE TO TERMINATE THIS LEASE OR TO CLAIM A PARTIAL OR TOTAL
EVICTION, TENANT AGREES THAT SUCH MORTGAGEE SHALL HAVE A REASONABLE PERIOD OF
TIME FOR REMEDYING SUCH ACT OR OMISSION FOLLOWING THE GIVING OF SUCH NOTICE.
7.6.
MODIFICATIONS.
TENANT AGREES, UPON FOURTEEN (14) DAYS WRITTEN
NOTICE THAT, UPON THE REQUEST OF ANY MORTGAGEE OR PROSPECTIVE MORTGAGEE, TENANT
WILL ENTER INTO AN AGREEMENT AMENDING ANY OF THE TERMS AND CONDITIONS OF THE
LEASE PROVIDED SUCH AMENDMENT DOES NOT AFFECT OR CHANGE ANY OF THE ECONOMIC
TERMS, BUSINESS OPERATIONS OR USE OR ANY