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FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)
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FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)
Contract #
A-1998-011
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ity insurance and contents insurance), a waiver of all rights of subrogation which such insurer(s) <br />of Tenant might have against Owner. <br />A. Tenant shall, within ten days after any written request from Owner, execute, acknowledge and <br />deliver to Owner a statement in writing certifying (i) that this Lease is unmodified and in full <br />force and effect (or, if modified, stating the nature of such modification and certifying that this <br />Lease, as so modified, is in full force and effect); (ii) the dates to which the rental and other <br />charges are paid in advance, if any; (iii) that there are not, to Tenant's knowledge, any uncured <br />defaults on the part of Owner hereunder, or specifying such defaults if any are claimed; and (iv) <br />that Tenant has paid to Owner the security deposit as set forth in this Lease. In addition, such <br />statement shall provide whatever other information and facts oaner may reasonably require. Any such <br />statement shall be relied upon by any prospective pgrchaser, ground lessee or encumbrancer of all or <br />any portion of the Property, as well as by any of their assignees. <br />B. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) <br />that this Lease is in full force and effect, without modification except as may be represented by <br />Owner; (ii) that there are no uncured defaults in Owner's performance; (iii) that Tenant has paid to <br />Owner the security deposit set forth in this lease; and (iv) that not more than one montki s rental <br />has been paid in advance. <br />C. Tenant shall fully indemnify Owner from and against any and all claims, damages, losses, liab- <br />ility and expenses (including attorneys' fees and related costs) attributable to any failure by <br />Tenant to timely comply with the requirements of Section 32A above. <br />ARTICLE 33. NOTICES. <br />Whenever Owner or Tenant is required to or shall desire to give or serve upon the other any notice, <br />demand, request or other communication with respect to this Lease or the Premises, each such notice, <br />demand, request or other coamaiication shall be in writing and shall not be effective for any pur- <br />pose unless the same shall be given or served as follows: <br />A. By personally serving such notice, demand, request or other comainication on Tenant (or any <br />employee or agent of Tenant) and the Premises or by mailing the same to Tenant by United Stated <br />registered or certified mail, postage prepaid, return receipt requested, addressed to Owner at the <br />address set forth in Paragraph M of the Basic Lease Provisions or at such other address(es) as Owner <br />may from time to time designate by notice given in accordance with this Article. <br />Every notice, demand, request or other comumication mailed in accordance with the provisions hereof <br />shall be deemed to have been given or served as of the date of receipt or the third business day <br />following the date of such mailing, whichever date is earlier. <br />ARTICLE 34. ABANDONiKU. <br />Tenant shall not vacate or abandon the Premises at any, time during the term of this Lease, and if <br />Tenant shall abandon, vacate or surrender the Premises, or be dispossessed by process of law or <br />otherwise, such shall be a breach of this Lase, and any personal property belonging to Tenant and <br />left on the Premises shall be deemed to be abandoned and may be removed from the Premises in actor <br />dance with Paragraph 20B(2) hereof. No act or thing done by Owner or by any agent or employee of <br />MAR 1988 <br />-18- <br />
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