Common use of Arrearage Clause in Contracts

Arrearage. Seller reserves all claims and causes of action against --------- tenants and others who are in arrears or who shall be obligated to pay monies in the future which are for the benefit of Seller, and Buyer shall provide its reasonable cooperation to Seller in pursuing such arrearage. Buyer shall use reasonable efforts to collect all sums in arrears as of the closing Date due to Seller, but shall not be required to commence or prosecute any litigation. Seller may not commence and prosecute litigation against any tenant for rents in arrears as long as such tenant remains a tenant of the Property, unless the statute of limitations will expire within the succeeding sixty (60) day period. To the extent that Buyer receives payments from tenants for sums due prior to the Closing Date, which can be verified based upon invoices or other applicable xxxxxxxx, such payments, including rents, shall be promptly remitted by Buyer to Seller.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md), Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

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Arrearage. Seller reserves all claims and causes of action against --------- tenants and others who are in arrears or who shall be obligated to pay monies in the future which are for the benefit of Seller, and Buyer shall provide its reasonable cooperation to Seller in pursuing such arrearage. Buyer shall use reasonable efforts to collect all sums in arrears as of the closing Date due to Seller, but shall not be required to commence or prosecute any litigation. Seller may not commence and prosecute litigation against any tenant for rents in arrears as long as such tenant remains a tenant of the Property, unless the statute of limitations will expire within the succeeding sixty (60) day days period. To the extent that Buyer receives payments from tenants for sums due prior to the Closing Date, which can be verified based upon invoices or other applicable xxxxxxxx, such payments, including rents, shall be promptly remitted by Buyer to Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

Arrearage. Seller reserves all claims and causes of action against --------- tenants and others who are in arrears or who shall be obligated to pay monies in the future which are for the benefit of Seller, and Buyer shall provide its reasonable cooperation to Seller in pursuing such arrearage. Buyer shall use reasonable efforts to collect all sums in arrears as of the closing Date due to Seller, but shall not be required to commence or prosecute any litigation. Seller may not commence and prosecute litigation against any tenant for rents in arrears as long as such tenant remains a tenant of the Property, unless the statute of limitations will expire within the succeeding sixty (60) day period. To the extent that Buyer receives payments from tenants for sums due prior to the Closing Date, Date which can be verified based upon invoices or other applicable xxxxxxxx, such paymentspayment, including rents, shall be promptly be remitted by Buyer to Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

Arrearage. Seller reserves all claims and causes of action --------- against --------- tenants and others who are in arrears or who shall be obligated to pay monies in the future which are for the benefit of Seller, and Buyer shall provide its reasonable cooperation to Seller in pursuing such arrearage. Buyer shall use reasonable efforts to collect all sums in arrears as of the closing Date due to Seller, but shall not be required to commence or prosecute any litigation. Seller may not commence and prosecute litigation against any tenant for rents in arrears as long as such tenant remains a tenant of the Property, unless the statute of limitations will expire within the succeeding sixty (60) day perioddays. To the extent that Buyer receives payments from tenants for sums due prior to the Closing Date, which can be verified based upon invoices or other applicable xxxxxxxx, such payments, including rents, shall be promptly remitted by Buyer to Seller.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Escrow Instructions (Prentiss Properties Trust/Md)

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Arrearage. Seller reserves all claims and causes of action against --------- tenants and others who are in arrears or who shall be obligated to pay monies in the future which are for the benefit of Seller, and Buyer shall provide its reasonable cooperation to Seller in pursuing such arrearage. Buyer shall use reasonable efforts to collect all sums in arrears as of the closing Date due to Seller, but shall not be required to commence or prosecute any litigation. Seller may not commence and prosecute litigation against any tenant for rents in arrears as long as such tenant remains a tenant of the Property, unless the statute of limitations will expire within the succeeding sixty (60) day perioddays. To the extent that Buyer receives payments from tenants for sums due prior to the Closing Date, which can be verified based upon invoices or other applicable xxxxxxxx, such payments, including rents, shall be promptly remitted by Buyer to Seller.

Appears in 1 contract

Samples: Agreement of Purchase (Prentiss Properties Trust/Md)

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