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pursuant to the Easement and the Management Agreement, FBCLP shall pay thirty percent <br />(30 %) of the same. The statement set forth in this Section B specifically does not include any <br />certification or representation as to the obligations contained in the Easement as to the Hotel, of <br />which and for which FBCLP has no knowledge whatsoever. <br />C. The Common Facilities Management Agreement dated as of November 1, <br />1981, as amended by that certain First Amendment to Common Facilities Management <br />Agreement dated as of November 30, 1982, as further amended by that certain Second <br />Amendment of Common Facilities Management Agreement dated as of October 30, 1986, as <br />further amended by that certain Third Amendment of Common Facilities Management <br />Agreement dated as of May 1, 1987, a copy of which is attached hereto as Exhibit B constitutes <br />the "Management Agreement" contemplated by the Easement, is in full force and effect, and <br />satisfies all requirements of the "Management Agreement" set forth in the Easement. <br />D. As of the date of this Estoppel and to FBCLP's best knowledge, the use <br />and operation of the Office Building by FBCLP is in full compliance with the requirements of <br />the Easement. <br />E. As of the date of this Estoppel and to the actual knowledge of FBCLP, <br />based solely on day to day observations of the Common Facilities and without further <br />investigation, inspection or inquiry of any nature whatsoever, and in complete reliance upon the <br />appointment of a manager pursuant to the Management Agreement, the use and operation of the <br />Common Facilities by Host, FBCLP and Marriott Hotel Services, Inc., as successor to Marriott <br />Corporation, as Manager, are in full compliance with the requirements of the Easement. <br />F. As of the date of this Estoppel and to FBCLP's best knowledge, FBCLP <br />has no right to claim or establish a Default Lien against any portion of the Hotel Parcel, the <br />Office Building Parcel or Common Facilities pursuant to the terms of the Easement. <br />G. As of the date of this Estoppel, FBCLP has no actual notice of (without <br />inquiry or investigation of any nature whatsoever), any reason why Host has a right to claim or <br />establish a Default Lien against any portion of the Hotel Parcel, the Office Building Parcel or <br />Common Facilities pursuant to the terns of the Easement. <br />H. As of the date of this Estoppel and to FBCLP's best knowledge, FBCLP is <br />not in breach or default under the Easement and no event has occurred which, given notice, the <br />passage of time or both, would constitute a breach or default by FBCLP under the Easement. <br />I. As of the date of this Estoppel, FBCLP has no actual notice of (without <br />inquiry or investigation of any nature whatsoever), (a) Host's breach or default under the <br />Easement, or (b) any event which may have occurred which, given notice, the passage of time or <br />both, would constitute a breach or default by Host under the Easement. <br />J. The individual executing this certificate on behalf of the undersigned <br />entity is the authorized signatory of such entity, and as such has full power and authority to bind <br />such entity. <br />-2- <br />f 016458XD0C;7 ) <br />Error! Unknown document property name. <br />