DocuSign Envelope ID: EF56B130-75F8-46A0-B4ED-CAD7FCD4CE7E
estate created by this Lease.
12.06 Estoppel Certificates. Each party agrees, at any time and from time to time upon not less than twenty (20) days prior written notice by the other party, to execute, acknowledge and deliver to the other party a statement in writing certifying: (a) whether this Lease is in full force and effect, and if it is alleged that this Lease is not in full force and effect, setting forth the nature thereof in reasonable detail; (b) whether this Lease has been supplemented or amended, specifying the manner in which it has been supplemented or amended; (c) the date to which all rental payments have been made; (d) the commencement and expiration date of this Lease; and (e) whether or not, to the best of the knowledge of the signer of such statement, the other party is in default or may be with notice or the passage of time, or both, in keeping, observing or performing any term, covenant, agreement, provision, condition or limitation contained in this Lease and if in default, specifying each such default, it being intended that any such statement delivered pursuant to this Section may be relied upon by the other party, any prospective assignee of the other party's interest in this Lease or any Leasehold Mortgagee, but reliance on such certificate may not extend to any default as to which the signer shall not have had actual knowledge.
12.07 Subordination of Landlord's Lien. Authority does hereby subordinate its statutory landlord's lien to the lien and operation of any Leasehold Mortgage. This subordination of Authority's lien shall be self-operative.
12.08 Release of Lien. Upon the scheduled expiration or early termination of this Lease, provided such termination is in accordance with the terms of this Lease including, but not limited to, this Article, Tenant and/or Leasehold Mortgagee, as appropriate, shall promptly execute, in recordable form, and deliver to the Authority a termination of lease, termination of memorandum of lease, release of mortgage and such other documents as Authority may reasonably require (collectively, the "Release Documents"). In the event Tenant or Leasehold Mortgagee fails to provide the foregoing Release Documents within thirty (30) days after Authority's written request therefor, Authority, at its option, shall be entitled to execute the same for and on behalf of Tenant and/or Leasehold Mortgagee and Tenant and Leasehold Mortgagee hereby appoint Authority as attorney in fact for the limited purpose of execution of such Release Documents.
12.09 Leasehold Mortgage NDA. On the request of any Leasehold Mortgagee, Authority agrees to promptly execute and deliver to Tenant and Leasehold Mortgagee a consent and non-disturbance and attornment agreement in form and content reasonably acceptable to Authority ("Leasehold Mortgage NDA"). In no event shall the Leasehold Mortgage NDA require Authority to subordinate the fee estate to any Leasehold Mortgage. Tenant acknowledges and agrees that it shall not be unreasonable for Authority to object to any Leasehold Mortgage NDA that would (a) adversely affect Authority, Authority's interest in the Property or this Lease; (b) alter or reduce Authority's right to any and all amounts due to Authority under this Lease; (c) materially alter Authority's rights under this Lease; or (d) alter any other terms or conditions of this Lease other than this Lease. Authority further agrees to negotiate good faith with Tenant regarding any additional changes that may be required by a Leasehold Mortgagee to obtain financing for the construction of the Required Improvements, provided that such changes shall not materially alter the Authority's rights or obligations under this Lease.
12.10 Entry by Leasehold Mortgagee. Authority hereby authorizes any Leasehold Mortgagee (or court appointed receiver) to enter on the Premises to exercise Leasehold
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