NOTICE
TO THE COMMISSION SHALL BE MAILED TO 150 WEST MARKET STREET, SUITE 100,
INDIANAPOLIS, INDIANA 46204, ATTN: GENERAL COUNSEL AND TO PORT OF INDIANA-MOUNT
VERNON, MOUNT 2751 BLUFF ROAD, MOUNT VERNON, INDIANA, ATTN: PORT DIRECTOR, AND
TO ICE MILLER LLP, ONE AMERICAN SQUARE, SUITE 3100, INDIANAPOLIS, IN 46282-0200,
ATTN: MARK D. GRANT, ESQ., OR TO SUCH OTHER POST OFFICE ADDRESS AS THE
COMMISSION MAY FURNISH TO LESSEE FOR SUCH PURPOSE.
44
NOTICE TO LESSEE SHALL BE MAILED TO AVENTINE RENEWABLE ENERGY - MT VERNON, LLC,
1300 S. SECOND STREET, PEKIN, IL 61544 ATTN: AJAY SABHERWAL, WITH COPY TO
AVENTINE RENEWABLE ENERGY, INC., 1300 S. SECOND STREET, PEKIN, IL 61544 ATTN:
__________, AND WITH COPY TO DAVIS POLK & WARDWELL, 450 LEXINGTON AVENUE, NEW
YORK, NY 10017, ATTN: JOHN H. BUTLER, ESQ., OR TO SUCH OTHER ADDRESSES AS LESSEE
MAY FURNISH TO THE COMMISSION FOR SUCH PURPOSE, AND WITH COPY TO ANY MORTGAGEE
WHO HAS GIVEN NOTICE OF ITS MORTGAGE PURSUANT TO SECTION 7.02 AT ITS ADDRESS AND
WITH COPY TO ITS COPY ADDRESS FURNISHED PURSUANT TO SECTION 7.02, OR TO SUCH
OTHER ADDRESSES AS SUCH MORTGAGEE MAY FURNISH TO THE COMMISSION FOR SUCH
PURPOSE.
Notice by (a) personal delivery, (b) recognized overnight national courier
service, or (c) registered or certified mail, is deemed to be received at the
time notice is delivered to a party's designated address.
Confirmation by the
courier delivering any notice given pursuant to this section shall be conclusive
evidence of receipt of such notice.
Each party hereto agrees that it will not
refuse or reject delivery of any notice given hereunder, that it will
acknowledge, in writing, receipt of the same upon request and that any notice
rejected or refused by it shall be deemed for all purposes of this Lease to have
been received by the rejecting party on the date so refused or rejected, as,
conclusively established by the records of the U.S. Postal Service or the
courier service.
Any notice required to be given within a stated period of time
which is sent by certified or registered mail, return receipt requested, shall
be considered timely if postmarked before midnight of the last day of such
period.
SECTION 16.02.
ESTOPPEL CERTIFICATES.
LESSEE AND THE COMMISSION AGREE
PROMPTLY FOLLOWING REQUEST BY THE OTHER PARTY TO EXECUTE AND DELIVER AN ESTOPPEL
CERTIFICATE.
THE TERM "ESTOPPEL CERTIFICATE" SHALL
MEAN AN ESTOPPEL
CERTIFICATE, CERTIFYING (A) THAT THIS LEASE IS UNMODIFIED AND IN FULL FORCE AND
EFFECT, OR, IF MODIFIED, STATING THE NATURE OF SUCH MODIFICATION AND CERTIFYING
THAT THIS LEASE, AS SO MODIFIED, IS IN FULL FORCE AND EFFECT AND THE DATE TO
WHICH THE BASIC RENT AND OTHER CHARGES ARE PAID IN ADVANCE, IF ANY; (B) THAT
THERE ARE NO UNCURED DEFAULTS OR EVENTS OF DEFAULT HEREUNDER ON THE PART OF THE
CERTIFYING PARTY, AND THAT TO THE KNOWLEDGE OF THE CERTIFYING PARTY THERE ARE NO
UNCURED DEFAULTS OR EVENTS OF DEFAULT HEREUNDER ON THE PART OF THE OTHER PARTY,
OR IF THERE EXIST ANY