6B(1)&(2) - Laserfiche WebLink

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which, given notice, the passage of time or both, would constitute a breach or default by Undersigned Party under the Easement. 1. As of the date of this Estoppel, Undersigned Party has no actual notice of (without inquiry or investigation of any nature whatsoever), (a) Jenna's breach or default under the Easement, or (b) any event which may have occurred which, given notice, the passage of time or both, would constitute a breach or default by Jenna under the Easement. J. The individual executing this certificate on behalf of the undersigned entity is the authorized signatory of such entity, and as such has lull power and authority to bind such entity. K. The Easement has not been amended (other than by amendments included above within the definition thereof) and remains in full force and effect. L. The Conmton Facilities Management Agreement dated as of November 1, 1981 referred to in paragraph 3 of the Second Amendment has been terminated and any amendments made to the Easement therein or in any exhibit thereto are of no further effect (unless and except to the extent expressly included in the Third Amendment or the Fourth Amendment). M. No amounts are owing by Jenna to the Undersigned Party or to the Manager (as defined in the Easement) under Section 4(e)(i) of the Easement. N. To the actual present knowledge of the Undersigned Patty, no complaint has been filed against Jenna by any other party to the Easement on account of any failure or alleged failure of Jenna to perform any of its obligations imposed under the Easement. O. The Undersigned Party has been informed that Lender is making a mortgage loan in the original principal amount of 512,000,000 to Jenna and such mortgage loan shall he secured by a mortgage upon the Property (as such mortgage may hereafter be amended, restated, modified and supplemented from time to time, the " LMREC Morteaee "). P. Upon the recordation of the LMREC Mortgage with the Recorder, the LMREC Mortgage shall be a First Mortgage within the meaning of and for all purposes under the Easement. Notices. The Undersigned Party shall provide to Lender, simultaneously with its provision to Jenna, a copy of any notice of any default, breach, failure, violation or termination of the Easement, and no notice of default, breach, failure, violation or termination or the Easement shall be effective against Lender unless such notice is given in writing to Lender at the following address or such other address as Lender may designate from time to time in a written notice to the Undersigned Party: k