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time to time designate by notice in writing to Landlord. Any notice mailed in the manner above
<br />set forth shall be deemed to have been received unless returned to the sender by the post
<br />office.
<br />31. Limitation of Landlord's Liability. In the event of any transfer of Landlord's interest
<br />in this Lease, the Landlord herein named (and in case of any subsequent transfer, the then
<br />transferor) shall be automatically freed and relieved from and after the date of such transfer of
<br />all personal liability for the performance of any covenants or obligations on the part of Landlord
<br />contained in this Lease thereafter to be performed; provided, however, that any funds in the
<br />hands of Landlord or the then transferor at the time of such transfer, in which Tenant has an
<br />interest shall be turned over to the transferee and any amount then due and payable to Tenant
<br />by Landlord or the then transferor under any provision of this Lease shall be paid to Tenant;
<br />and provided, further, that upon any such transfer, the transferee shall expressly assume,
<br />subject to the limitations of this Section 31 (Limitation of Landlord's Liability), all of the
<br />agreements, covenants and conditions in this Lease to be performed on the part of Landlord, it
<br />being intended hereby that the covenants and obligations contained in this Lease on the part of
<br />Landlord shall, subject as aforesaid, be binding on each Landlord, its successors and assigns,
<br />only during its period of ownership.
<br />32. Estoppel Certificates. Tenant or Landlord, as the case may be, will execute,
<br />acknowledge and deliver to the other and/or to Lender, within Twenty (20) days of request, its
<br />certificate certifying (a) that this Lease is unmodified and in full force and effect (or, if there
<br />have been modifications, that this Lease is in full force and effect, as modified, and stating the
<br />modifications), (b) the dates, if any, to which the Rent, and other monetary obligations have
<br />been paid, (c) whether there are then existing any charges, offsets or defenses against the
<br />enforcement by Landlord of any agreement, covenant or condition hereof on the part of Tenant
<br />to be performed or observed (and, if so, specifying the same), and (d) whether there are then
<br />existing any defaults by Tenant in the performance or observance by Tenant of any agreement,
<br />covenant or condition hereof on the part of Tenant to be performed or observed and whether
<br />any notice has been given to Tenant of any default which has not been cured (and, if so,
<br />specifying the same). Any such certificate may be relied upon by a prospective purchaser,
<br />mortgagee or trustee under a deed of trust of the Leased Area or any part thereof.
<br />33. Holding Over. This Lease shall terminate without further notice upon the
<br />Termination Date, and any holding over by Tenant after the Termination Date shall not
<br />constitute a renewal hereof or give Tenant any rights hereunder or in or to the YMCA Site,
<br />except as otherwise herein provided, it being understood and agreed that this Lease cannot be
<br />renewed, extended or in any manner modified except in writing signed by Landlord and Tenant.
<br />34.Non-Waiver of Governmental Rights. Nothing in this Lease shall be construed to in
<br />any way to obligate Landlord or any other governmental authority to take any discretionary
<br />action relating to the construction, development, or operation of the Project, including, but not
<br />limited to, condemnation, rezoning, variances, subdivision, environmental clearances, or any
<br />other governmental approvals which are or may be required pursuant to the legal
<br />ATTY/AGR/2019.316/YMCA MASTER PROJECT AGREEMENT
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