Certain Repairs Sample Clauses
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Certain Repairs the costs of any maintenance, repair, or replacement expressly required to be performed by Landlord at its own expense under Section 8 and costs of repairs or restoration to the extent Landlord actually receives reimbursement for such costs from (1) insurance proceeds, (2) condemnation awards, (3) warranties, or (4) third parties (reasonable expenses incurred by Landlord in order to collect such costs may be included as Operating Expenses);
Certain Repairs. The PSA is hereby amended by adding the following to Section 11.3 of the PSA, immediately after the final sentence thereof: “Seller hereby agrees that it shall promptly commence those Repairs identified on Schedule 11.3, and that it shall pursue with commercially reasonable diligence the completion and installation of same to the extent practicable prior to Closing, all at Seller’s sole cost and expense, provided that Seller’s liability for such cost and expense under the Agreement and for the Repairs under the Separate PSA shall not, in the aggregate, exceed $250,000. If as of the Closing Seller has funded less than $250,000 to complete the aggregate Repairs referenced on Schedule 11.3 of the Agreement and the Separate PSA, then at Closing (a) Purchaser shall receive a credit against the Purchase Price (to be allocated with respect to the applicable Facility) in an amount equal to $250,000 less the amount actually funded by Seller therefor, (b) Seller and/or Existing Operator (as appropriate) shall assign to Purchaser or Purchaser’s designee, and Purchaser or its designee (as applicable) shall assume, the contract(s) entered into by Seller and/or Existing Operator with respect to the completion of the Repairs, and (c) Seller and/or Existing Operator shall deliver to Purchaser commercially reasonable evidence demonstrating the Repairs completed as of Closing, the payment of amounts owed to third parties with respect thereto, and the waiver of liens in connection therewith. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, a Vice President with American Healthcare Investors, LLC, shall serve as Purchaser’s representative in connection with the Repairs. Prior to commencing or paying the cost of any item of Repair, Seller and/or Existing Operator shall submit to ▇▇. ▇▇▇▇▇▇ the name of each third-party performing a Repair item, the proposed agreement between Seller and/or Existing Operator and said party and all payment requests received pursuant thereto, and ▇▇. ▇▇▇▇▇▇, shall promptly review same on behalf of Purchaser and notify Seller in writing of Purchaser’s approval or comments with respect thereto. Neither Seller nor Existing Operator shall proceed with or pay the cost of a Repair unless and until it receives from Purchaser, through ▇▇. ▇▇▇▇▇▇ as its authorized representative, Purchaser’s written authorization. Additionally, each Seller and Existing Operator shall provide ▇▇. ▇▇▇▇▇▇ with weekly updates regarding the status of Repair work being performed. No consent or approval require...
Certain Repairs. At the initial Closing hereunder, Purchaser shall deposit with Title Company, as escrow agent, as a deduction from the Purchase Price, the sum of Six Hundred Seventy Five Thousand and No/100 Dollars ($675,000.00) (the "Repair Escrow") for the purpose of providing for payment for the designated repairs of the Facilities as estimated on Exhibit A (the "Repairs") up to an amount equal to the Repair Escrow in the aggregate. Seller shall promptly solicit not less than three (3) bids per item from contractors reasonably acceptable to Purchaser (including consideration of experience, insurance, quality and timeliness of work, and other relevant criteria) and, following Purchaser's selection from among such bids, Purchaser shall engage selected contractors to complete the Repairs. Upon completion of individual projects within the list of Repairs, or otherwise in accordance with the terms of approved contracts for Repairs, Purchaser shall submit paid invoices to Title Company from the contractors and upon receipt of same, the Title Company shall distribute to Purchaser from the Repair Escrow reimbursements for such paid Repairs. Upon completion of all Repairs in accordance with this paragraph, the balance of the Repair Escrow, if any, shall be returned to Seller. If the Repair Escrow is exhausted prior to completion of Repairs, the balance, if any, of the remaining cost of such Repairs shall be the responsibility of Purchaser. The parties agree to use commercially reasonable efforts to facilitate the prompt completion of the Repairs and Purchaser agrees not to unreasonably withhold its approval where called for. In the event any Facility referenced on Exhibit A is not included in the initial Closing, then the amount allocated for Repairs for such Facility shall be deposited with the Title Company upon the Closing of the purchase of such Facility. ARTICLE 8
Certain Repairs. Notwithstanding anything stated to the contrary in the Purchase Agreement, as a condition to the Closing and Purchaser’s obligation to consummate the transaction contemplated by the Purchase Agreement, Seller shall cause, to Purchaser’s reasonable satisfaction, the following to occur:
Certain Repairs. Seller shall cause to be undertaken and completed in a workmanlike manner prior to the Closing the repairs to the ▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇ 16, ▇▇▇▇ Cinemas 16 and Pearlridge West 16 Theaters (as each such Theater is defined in Exhibit A-1) described in the scope of work attached hereto as Schedule 7.3.2.
Certain Repairs. Seller shall cause to be undertaken and completed in a workmanlike manner prior to the Closing the repairs described in the scope of work attached hereto as Schedule 7.3.2.
