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-~ -VoT --may - <br />iibn?4415 OFF: ?44~- E,~4 <br />PREMISES IS INTENDED BY THE PARTIES TO BE CONCLUSIVE EVIDENCE THAT <br />LESSEE ACCEPTS THE LEASED PREMISES. <br />ARTICLE 12 <br />Miscellaneous <br />12.1 Inspection. Lessee shall permit Lessor and its agents, upon no less than twenty- <br />four (24) hours prior written notice (except in cases where Lessor reasonably believes that a bona <br />fide emergency exists, in which event no prior notice will be needed and no limitation on such <br />entry shall apply), to enter into and upon the Leased Premises during normal business hours for <br />the purpose of inspecting the same on the condition that any such inspection does not <br />unreasonably interfere with Lessee's operations at the Leased Premise <br />12.2 Estoppel Certificates. Lessee and Lessor shall, at any time and from time to time <br />(but not more frequently than once per Lease Year) upon not less than ten (10) days prior written <br />request by the other Party, execute, acknowledge and deliver to Lessor or Lessee, as the case <br />may be, a statement in writing certifying (a) its ownership of the interest of Lessor or Lessee <br />hereunder, as the case may be, (b) that this Lease is unmodified and in full force and effect (or if <br />there have been any modifications, that the same is in full force and effect as modified and <br />stating the modifications), (c) the dates to which the Base Rent and any other charges have been <br />paid, and (d) that, to the then current actual knowledge, without independent investigation of <br />Lessor or Lessee, as the case may be, no default hereunder on the part of the other Party exists <br />(except that if any such default does exist, the certifying Party shall specify such default). <br />12.3 Release. If requested by Lessor, Lessee shall, upon termination of this Lease, <br />execute and deliver to Lessor an appropriate release, in form proper for recording, of all Lessee's <br />interest in the Leased Premises, and Lessor is hereby granted an irrevocable power of attorney, <br />which is coupled with an interest, to execute such release if Lessee fails to do so within ten (10) <br />days of Lessor's request. Upon request of Lessee, Lessor will execute and deliver a written <br />cancellation and termination of this Lease and release of all claims (if none aze then outstanding) <br />in proper form for recording to the extent such release is appropriate under the provisions hereof. <br />12.4 Interest on Past Due Amounts. Should Lessee fail to pay any amounts due to the <br />Lessor hereunder when due, same shall bear interest from the date due until the date of payment <br />at the lesser of twelve percent (12%) per annum or the highest rate allowed by applicable law. <br />For purposes of determining the highest rate allowed by law, should Chapter 303 of the Texas <br />Finance Code ever be deemed to apply to any such amounts, it is expressly agreed that the <br />interest ceiling will be the "weekly ceiling" as defined in the Texas Finance Code, provided that <br />if any applicable law permits a greater rate of interest, the law permitting the greatest rate of <br />interest shall apply. <br />12.5 Notices. All payments required to be made by Lessee must be paid to Lessor at <br />the address set forth below. All notices, demands, and other communications required to be <br />given or made hereunder shall be in writing and shall be duly given if delivered by hand, <br />messenger, facsimile or reputable overnight courier or if mailed by certified or registered mail, <br />first class postage prepaid, to the respective parties hereto at the addresses set forth below, or to <br />803273 4 C-22 <br />