51-96 Lakewood Hosp Lease - Laserfiche WebLink

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such Fiscal Year. Lessee consents to the Trustee making available to the Accountant all of the books and records in the possession of the Trustee pertaining to the Leased Premises. Within 150 days after the end of each Fiscal Year, the Lessee shall file, or shall cause to be filed, with the Trustee, the City and any corporation which controls Lessee, and shall mail, or cause to be mailed to Standard & Poor's Ratings Group and Moody's Investors Service (i) a copy of its audited financial statements for such Fiscal Year, accompanied by the report thereon of the Accountant prepared in accordance with generally accepted accounting principles, and the Accountant's opinion on the material presented and (ii) a certificate of the Authorized Lessee Representative stating that to the best of his/her knowledge, the Lessee and the Member are in compliance with all material terms and conditions of this Lease and the Definitive Agreement. The audit shall be conducted and the report rendered in accordance with generally accepted auditing standards. The Lessee shall file or cause to be filed with City on or before April 30, ~'uly 31, October 31 and January 31 of each year an unaudited quarterly financial statement. The Lessee further covenants that it will cause any additional reports or audits relating to the Leased Premises to be made as required by law and that upon request it will furnish, or cause to be furnished, to the Trustees monthly unaudited financial reports covering the matters required by this Section and such other information concerning the Leased Premises as the Trustees reasonably may request. In addition, the Lessee shall furnish to the Trustees, within 150 days after the end of each Fiscal Year, a certificate signed by the Authorized Lessee Representative which shall state that, to the best of his knowledge, there is no default existing under any of the provisions of the Indentures or this Lease. The Lessee covenants and agrees to perform the obligations imposed on the City by Section 5.17 of the Senior Indenture and Section 5.03 of the Subordinated Indenture as if the reference therein to the Issuer referred to the Lessee. Section 9.5. Lessee's Approval of Indentures. The Indentures have been delivered to the Lessee for examination, and the Lessee acknowledges, by execution of this Lease, that it has examined the Indentures. The Lessee approves and accepts all rights of the Trustee and the Bondholders and all duties and obligations of the City which are contemplated in the Indentures to be fights of the Trustee and the Bondholders and duties and obligations of the City. The Lessee covenants and agrees to be bound by those rights and to observe and perform those duties and obligations. The Lessee acknowledges that its rights under this Lease are subordinate to the Indentures. Section 9.6. No Representation or Warranty of Condition or Suitabili~. The Lessee and the City agree that the title to the Leased Premises is satisfactory, and the Lessee agrees that all defects, irregularities, encumbrances or clouds on title do not impair the Lessee's use or occupancy or the value of the Leased Premises. The City makes no representation or warranty, either express or implied, as to (i) the suitability or utility of the Leased Premises for the Lessee's purposes or needs, (ii) the earning capacity of the Leased Premises, or (iii) the condition of the Leased Premises. Section 9.7. Quie{ Enjoyment. The City covenants and agrees that it will not take any action, other than pursuant to Article XIII of this Lease, to prevent the Lessee from holding and enjoying the Leased Premises peaceably and quietly for the Lease Term. The City covenants and agrees further that it will, at the Lessee's request and expense, defend the Lessee's possession and enjoyment of the Leased Premises during the Lease - 33 -