1999 036 Ordinance - Laserfiche WebLink

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28. ESTOPPEL CERTIFICATE. Either Party, from time to time upon ten (10) days' prior request by the other Party, shall execute, acknowledge and deliver to the requesting Party, or to a person designated by such requesting Party, a certificate stating that this Agreement is unmodified and in full effect (or, if there have been modifications, that this Agreement is in full effect as modified, and setting forth such modifications) and the dates to which Rent and other sums payable under this Agreement have been paid, and either stating that to the knowledge of the signer of such certificate no default exists hereunder or specifying each such default of which the signer has knowledge. The requesting Party, at such Party's cost and expense, shall cause such certificate to be prepared for execution by the requested Party. Any such certificate maybe relied upon by any prospective Mortgagee or purchaser of the Subleased Property of each Site. 29. HOLDING OVER If TowerCo remains in possession of the Subleased Property of any Site after expiration or termination of the then current Term as to such Site without any express written agreement by AirTouch or the applicable Sublessor, then TowerCo shall be and become a tenant at sufferance,. and there shall be no renewal or extension of this Agreement by operation of law. 30. RIGHTS OF ENTRY AND INSPECTION. TowerCo shall permit the Sublessors and their representatives, agents and employees, at their sole cost and expense, to enter the Subleased Property of any Site at all reasonable times during normal business hours, and after reasonable notice for the purposes of inspecting such Subleased Property, showing the Site to prospective purchasers, tenants and Mortgagees, making any repairs or replacements or performing any maintenance, and perf°rnung any worm on the Site that such applicable Sublessor may consider necessary to prevent or cure deterioration, waste or unsafe conditions. Nothing in this Section 30 shall imply or impose any duty or obligation upon such Sublessor to enter upon any Site at any time for any purpose, or to inspect the Subleased Property at any time, or to perfom~, or pay the cost of, any work which TowerCo is required to perform under any provision of this Agreement, and such Sublessor has no such duty or obligation. 31. A PARTY'S RIGHT TO ACT FOR THE OTHER PARTY. (a) In addition to and not in limitation of any other remedy AirTouch or any other Sublessor may have under this Agreement, if TowerCo fails to make any payment or to take any other action when and as required under this Agreement, AirTouch or such Sublessor may, except as otherwise provided in this Agreement, without demand upon TowerCo and without waiving or releasing TowerCo from any duty, obligation or liability under this Agreement, make any such payment or take any such other action required of TowerCo. Unless TowerCo's failure results in or relates to an Emergency (as defined in Section 31(c) below), AirTouch shall give TowerCo at least ten (10) days prior written notice of AirTouch's or any other Sublessor's action and TowerCo shall have the right to cure such failure within such 10-day period. No such notice shall be required in the event of an Emergency. The actions which AirTouch or any other Sublessor may take shall include, but are not limited to, the performance of maintenance or repairs and the making of replacements to the Towers and Improvements on each Site, the payment of insurance premiums which TowerCo is required to pay under this Agreement and the payment of Taxes which TowerCo is required to pay under this Agreement. AirTouch or any other Sublessor may pay all incidental costs and expenses incurred in exercising its rights under this Section 31, including, without limitation, reasonable attorneys' fees and expenses, penalties, re-instatement fees, late charges, and interest, One hundredtwenty-five percent (125%) of the direct reasonable costs attributable to AirTouch's or any other Sublessor's rights under this Section 31, is refen~ed to as the "Reimbursable Maintenance Expenses" of AirTouch and shall bear interest at the Interest Rate from the date of payment