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Agmt10 Chemical Way Properties
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Agmt10 Chemical Way Properties
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Last modified
10/13/2010 3:42:55 PM
Creation date
10/13/2010 3:41:34 PM
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Agreement
Contractor Name
Chemical Way Properties
PROJECT NAME
Real Estate Option Agreement 20 Chemical Way APN 052-392-240
RMP File Number
304
Date
10/1/2010
MO Ref
10-194
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documents, including estoppel certificates, in the form presented to Tenant by Landlord <br /> (1) certifying that this Lease has not been modified or, if modified, stating the nature of such <br /> modification and certifying that this Lease, as so modified, is in full force and effect; (2) stating <br /> the date to which the rent and other charges are paid in advance, if at all; (3) acknowledging that <br /> there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or <br /> if there are uncured defaults on the part of Landlord, stating the nature of such uncured defaults; <br /> and (4) evidencing the status of this Lease as may be required either by a lender making a loan to <br /> Landlord to be secured by a deed of trust or mortgage encumbering the Premises or a purchaser <br /> of the Premises from Landlord; and (b) deliver to Landlord the current financial statements of <br /> Tenant with an opinion of a certified public accountant, if available, including a balance sheet <br /> and profit and loss statement for the then current fiscal year, and the two (2) immediately prior <br /> fiscal years (if available), all prepared in accordance with generally accepted accounting <br /> principles consistently applied. Tenant's failure to deliver any such documents, including an <br /> estoppel certificate, or any such financial statements within seven (7) days following such request <br /> shall be an Event of Default hereunder, provided that this Lease shall not be subordinate to any <br /> future mortgage, deed of trust, or other instrument of security unless the mortgagee, beneficiary, <br /> or other secured party executes an agreement with (and reasonably acceptable to) Tenant <br /> pursuant to which such party agrees to recognize Tenant's occupancy and honor the terms of this <br /> Lease so long as an Event of Default by Tenant does not occur hereunder. <br /> 22. Notices. All notices or demands which either party is required or <br /> desires to give to the other shall be given in writing by certified mail, return receipt requested <br /> with the appropriate postage paid, by personal delivery, by facsimile (provided receipt of a <br /> facsimile transmission is confirmed telephonically or otherwise) or by private overnight courier <br /> service to the address or facsimile number set forth below for the respective party, or such other <br /> address or facsimile number as either party may designate by written notice to the other. All such <br /> notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or <br /> notice required hereunder fall due on a weekend or holiday, the time for performance shall be <br /> extended to the next business day. Notices permitted or required to be given under this Lease <br /> shall be delivered to the applicable address or addresses set forth below, provided that either <br /> party may change such address by giving written notice to the other party as provided in this <br /> section: <br /> If to Tenant: At the address of the Premises. <br /> If to Landlord: City of Redwood City, 1017 Middlefield Road, Redwood City, CA <br /> 94063, Attention: City Manager; <br /> With Copies to: City of Redwood City, 1017 Middlefield Road, Redwood City, CA <br /> 94063, Attention: City Attorney. <br /> 23. Waiver. The waiver by either party of any breach of any term, <br /> covenant, or condition herein contained shall not be deemed to be a waiver of such term, <br /> covenant or condition for any subsequent breach of the same or any other term, covenant or <br /> condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not <br /> Redwood City Lease 10.07. 2010 v.4 (20 Chemical) 20 <br />
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