Common use of Calculation; Reproration Clause in Contracts

Calculation; Reproration. Escrow Holder shall prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all costs payable, and the prorations and credits provided for in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement no later than one (1) business day before the Closing Date. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) shall be referred to herein as the “Closing Statement”. If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party shall be entitled to an adjustment to correct the same; provided, however, that any adjustment shall be made, if at all, within ninety (90) days after the Closing Date, and if a Party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Party.

Calculation; Reproration. Prior to Closing the Seller and Escrow Holder shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under Sections 7.5 and 7.6 and the prorations and credits provided for in Section 7.7.1 and elsewhere in this Agreement, which shall be subject to Buyer’s prior written reasonable approval. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement no later than one (1) business day before ; provided, however, that if the Closing Dateoccurs in calendar year 2009, there shall be no reproration for Taxes. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “Closing Statement”. .” If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that if the Closing occurs in calendar year 2009, there shall be no reproration for taxes and assessments; and further provided that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available, but in any event within one [1] year after the Closing), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.

Calculation; Reproration. Escrow Holder Prior to Closing the parties shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under sections 7.5 and 7.6 and the prorations and credits provided for in section 7.7.1 and elsewhere in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties subparagraph; provided, however, that there shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement be no later than one (1) business day before the Closing Datereproration for taxes and assessments. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “Closing Statement”. If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that there shall be no reproration for taxes and assessments; and further provided that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.

Calculation; Reproration. Prior to Closing the Seller and Escrow Holder shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under Sections 7.5 and 7.6 and the prorations and credits provided for in Section 7.7.1 and elsewhere in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement no later than one (1) business day before the Closing Date. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “Closing Statement”. .” If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.

Calculation; Reproration. Escrow Holder Prior to Closing the parties shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under sections 7.5 and 7.6 and the prorations and credits provided for in section 7.7.1 and elsewhere in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties subparagraph; provided, however, that there shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement be no later than one (1) business day before the Closing Datereproration for taxes and assessments. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “"Closing Statement”". If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that there shall be no reproration for taxes and assessments; and further provided that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.

Calculation; Reproration. Escrow Holder Prior to Closing the parties shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under Sections 7.5 and 7.6 and the prorations and credits provided for in Subsection 7.7.1 and elsewhere in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties subparagraph; provided, however, that there shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement be no later than one (1) business day before the Closing Datereproration for taxes and assessments. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “Closing Statement”. If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that there shall be no reproration for taxes and assessments; and further provided that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available and in no event later than April 2007 or such later date as may be reasonably agreed upon by the parties in light of when the Closing occurs), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.

Calculation; Reproration. Escrow Holder Prior to Closing the parties shall jointly prepare and deliver to Buyer no later than three (3) business days prior to the Closing Date an estimated closing statement which shall set forth all the costs payable, payable under Sections 7.5 and 7.6 and the prorations and credits provided for in Section 7.7.1 and elsewhere in this Agreement. Any item which cannot be finally prorated because of the unavailability of information shall be tentatively prorated on the basis of the best data then available and adjusted when the information is available in accordance with this subsection. The Parties subparagraph; provided, however, that there shall attempt in good faith to reconcile any differences or disputes regarding such estimated closing statement be no later than one (1) business day before the Closing Datereproration for taxes and assessments. The estimated closing statement as adjusted as aforesaid and approved in writing by the Parties (which shall not be withheld if prepared in accordance with this Agreement) parties shall be referred to herein as the “Closing Statement”. If the prorations and credits made under the Closing Statement shall prove to be incorrect or incomplete for any reason, then either Party party shall be entitled to an adjustment to correct the same; provided, however, that there shall be no reproration for taxes and assessments; and further provided that any adjustment shall be made, if at all, within ninety sixty (9060) days after the Closing Date(except with respect to CAM Charges, in which case such adjustment shall be made within thirty (30) days after the information necessary to perform such adjustment is available and in no event later than April 2007), and if a Party party fails to request an adjustment to the Closing Statement by a written notice delivered to the other Party party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such Party party desires to adjust and the reasons for such adjustment), then the prorations and credits set forth in the Closing Statement shall be binding and conclusive against such Partyparty.