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of the following by written instrument, duly executed, acknowledged and delivered to any <br />Mortgagee, assignee of a Mortgagee, proposed Mortgagee, or to any purchaser or proposed <br />purchaser of the Premises, the Landlord entity, the Tenant entity, or any portion thereof or <br />interest therein, or to any proposed assignee of Tenant's interests hereunder, or any proposed <br />subtenant (all pursuant to this Lease): <br />(a) That this Lease is unmodified and in full force and effect (or if there have been <br />modifications, that the same is in full force and effect, as modified, and stating the <br />modifications). <br />(b) The dates to which the Monthly Rent has been paid in advance, if any. <br />(c) Whether or not there are then existing any breaches or defaults by such party or <br />the other party known by such party under any of the covenants, conditions, provisions, terms or <br />agreements of this Lease, and specifying such breach or default, if any, or any claims and set- <br />offs or defenses against the enforcement of any covenant, condition, provision, term or <br />agreement of this Lease upon the part of Landlord or Tenant, as the case may be, to be performed <br />or complied with (and, if so, specifying the same and the steps being taken to remedy the same). <br />(d) That Tenant has accepted the Premises and is in full and complete possession <br />thereof (in the case of Tenant). <br />(e) Such other statements or certificates as reasonably requested. <br />22.6 Memorandum of Lease. Upon the execution and delivery of this Lease, but <br />subject to the conditions below, the parties hereto agree to execute and deliver to each other a <br />memorandum of lease, in recordable form, setting forth the following: <br />(a) The date of this Lease. <br />(b) The parties to this Lease. <br />(c) The Term. <br />(d) The legal description of the Premises. <br />(e) Such other matters reasonably requested by Landlord or Tenant to be stated <br />therein, as required by law. <br />Notwithstanding the foregoing, Landlord will not be obligated to execute or record a <br />Memorandum of Lease unless and until Tenant: (i) duly executes and acknowledges a <br />Termination of the Memorandum of Lease, in recordable form, duly terminating and releasing <br />the Memorandum of Lease; and (ii) deposits the Termination with a title insurance company <br />designated by Landlord pursuant to the terms of a separate Escrow Instruction Letter in a form <br />reasonably acceptable to Landlord, which requires the title company to automatically release and <br />record the Termination within two (2) business days after being advised by Landlord that the <br />Lease has been terminated or the Term has expired. <br />36 <br />