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23. MISCELLANEOUS <br /> (a) No Brokers. Landlord and Tenant warrant to one another that neither has <br /> engaged a broker in connection with this Lease and agree to indemnify the other if a claim for a <br /> fee or commission arises in connection with this transaction as a result of such indemnifying <br /> parties' activities. <br /> (b) Not Used. <br /> (c) Estoppel Certificates. Tenant shall, at any time, on not less than ten (10) <br /> days prior written notice from Landlord, sign and deliver to Landlord a statement in writing, in a <br /> form provided by Landlord reasonably acceptable to Tenant, (i) certifying that this Lease is <br /> unmodified and in full force and effect (or, if modified, stating the nature of such modification <br /> and certifying that this Lease, as so modified, is in full force and effect), (ii)the date to which the <br /> rent, security deposit, and other charges are paid in advance, if any, and (iii) acknowledging that <br /> there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord or Tenant <br /> under this Lease, or specifying such defaults, if any, which are claimed. Any such statement may <br /> be conclusively relied upon by any prospective purchaser or encumbrancer of the Leased <br /> Premises or the Building. Tenant's failure to deliver such statement within such time period shall <br /> be conclusive upon Tenant that (x) this Lease is in full force and effect, without modification <br /> except as may be represented by Landlord, (y) there are no uncured defaults in Landlord's <br /> performance, and (z) not more than one (1) month's rent has been paid in advance. <br /> (d) Liens. Tenant shall keep the Leased Premises free and clear of all liens and <br /> encumbrances arising from or out of its use and occupancy of the Leased Premises and the <br /> Building. If any lien is filed against the Leased Premises or the Building or adjacent or underlying <br /> property owned by Landlord as a result of the action or inaction of Tenant or its employees, <br /> agents or contractors, Tenant shall upon demand promptly have the lien released or provide <br /> Landlord with a bond in the amount required by Landlord to remove the lien of record. <br /> (e) Notices. All notices to be given by the parties shall be in writing and may <br /> either be served personally, delivered by overnight courier (such as UPS or Fed Ex) or deposited <br /> in the United States mail, postage prepaid, by either registered or certified mail to the notice <br /> addresses provided in Section 1 of this Lease. A party may change its notice address effective on <br /> written notice to the other party. All such notices shall be deemed delivered and effective on <br /> the earlier of(i)the date received or refused for delivery, or(ii)five (5) calendar days after having <br /> been deposited in the United States Postal Service, postage prepaid. <br /> (f) No Waiver of Covenants. No waiver of any default hereunder shall be <br /> implied from any omission by either party to take any action on account of such default if such <br /> default persists or is repeated and no express waiver shall affect any default other than the <br /> default specified in the express waiver and then only for the time and to the extent therein <br /> stated. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of <br /> any preceding breach by Tenant of any agreement, condition or provision of this Lease, other <br /> 17 <br />