Common use of Future Operations Clause in Contracts

Future Operations. From the Effective Date (as hereinafter defined) until the Closing or earlier termination of this Agreement, Seller shall (i) keep and maintain the Property in substantially its condition as of the date of this Agreement, casualty and reasonable wear and tear excepted, (ii) continue to operate the Property in substantially the same manner as it was operated by Seller prior to the Effective Date, (iii) continue to perform its obligations under the Leases and Contracts in accordance with their terms, and (iv) not subject the Property to any additional liens or encumbrances without Purchaser's approval. Until the Closing or earlier termination of this Agreement, Seller shall not, without the prior written consent of Purchaser, modify, enter into or renew any Contract which would bind a successor owner of the Property. Until the Closing or earlier termination of this Agreement, Seller shall not lease any space in the Improvements or amend or terminate any existing Lease, except on terms and conditions and with tenants approved by Purchaser. Purchaser hereby approves the terms and conditions of, and the tenants under, the leases (and amendments) described in the schedules attached as Exhibits H-2 and H-3 hereto. No future approval of such leases, amendments or terminations shall be unreasonably withheld or delayed notwithstanding any contrary provision in this Agreement. All costs and expenses incurred and paid by Seller under any such approved lease entered into after Purchaser's execution hereof shall be paid by Purchaser in accordance with Section 6.6(b) hereof.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Arden Realty Inc)

Future Operations. From the Effective Date (as hereinafter defined) until the Closing or earlier termination of this Agreement, : (a) Seller shall (i) keep operate, manage, lease, repair and maintain the Property substantially in substantially its condition accordance with Seller’s current and customary practices with respect to the Property as of the date of this AgreementEffective Date, casualty and reasonable normal wear and tear excepted, (ii) continue to operate including, without limitation, perform when due all of Seller’s obligations under all applicable laws in the ordinary course of business and maintain fire and extended coverage insurance on the Property which is at least equivalent in substantially all material respects to the same manner insurance policies covering the Property as it was operated by Seller prior to of the Effective Date, ; and (iiib) continue to Seller will perform its all of Seller’s obligations under the Leases and the Contracts. Purchaser shall notify Seller in writing prior to the expiration of the Approval Period which Contracts, if any, Purchaser elects to assume at Closing, provided that any Contracts in accordance running with their terms, and (iv) not subject the Property that cannot be terminated with sixty (60) days or less notice without fee or penalty shall be assumed by Purchaser. If Purchaser does not exercise its right to any additional liens terminate this Agreement on or encumbrances before the expiration of the Approval Period, then Seller shall give notice of termination to the applicable vendors on all Contracts that Purchaser does not wish to assume, except those Contracts running with the Property that cannot be terminated with sixty (60) day or less notice without fee or penalty, which shall then be assumed by Purchaser's approval. Until After the Closing or earlier termination expiration of this Agreementthe Approval Period, Seller shall will not, without the prior written consent of Purchaser, which shall not be unreasonably withheld, conditioned or delayed, modify, enter into into, or renew any Contract which would bind a successor owner of the Property. Until the Closing or earlier termination of this Agreement, Seller shall cannot lease any space in the Improvements or amend or terminate any existing Lease, except on terms and conditions and with tenants approved by Purchaser. Purchaser hereby approves the terms and conditions of, and the tenants under, the leases be cancelled upon thirty (and amendments30) described in the schedules attached as Exhibits H-2 and H-3 hereto. No future approval of such leases, amendments or terminations shall be unreasonably withheld or delayed notwithstanding any contrary provision in this Agreement. All costs and expenses incurred and paid by Seller under any such approved lease entered into after Purchaser's execution hereof shall be paid by Purchaser in accordance with Section 6.6(b) hereofdays prior written notice.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)

Future Operations. (a) From the Effective Date (as hereinafter defined) date of this Agreement until the Closing or earlier termination of this Agreement, Seller shall : (i) Seller will keep and maintain the Property in substantially its condition as of the date of this Agreement, casualty and reasonable wear and tear excepted, ; (ii) continue to operate the Property in substantially the same manner as it was operated by As applicable, Seller prior to the Effective Date, (iii) continue to will perform its all of Seller's obligations under the Leases and Contracts in accordance with their terms, and (iv) not subject the Property to any additional liens or encumbrances without Purchaser's approvalContracts. Until the Closing or earlier termination of this Agreement, Seller shall will not, without the prior written consent of Purchaser, modify, enter into into, or renew any Contract which would bind a successor owner of cannot be cancelled upon thirty (30) days prior written notice. (b) As applicable, from the Property. Until Effective Date until the Closing or earlier termination of this Agreement, Seller shall will not lease any space in the Improvements or amend or terminate any existing Lease, except on terms and conditions generally accepted in like transactions; provided, however, Purchaser shall deliver to Purchaser written notice of such new lease or lease modification, together with the estimated reimbursable leasing costs. From and with tenants approved by Purchaser. Purchaser hereby approves after the terms and conditions ofdate of expiration of the Approval Period until the Closing or earlier termination of this Agreement, and the tenants under, the leases (and amendments) described Seller will not lease any space in the schedules attached as Exhibits H-2 and H-3 hereto. No future Improvements except upon the prior written approval of Purchaser (such leases, amendments or terminations shall approval not to be unreasonably withheld or delayed notwithstanding any contrary provision delayed); provided, however, this limitation upon Seller shall not apply with respect to lease renewals, lease extensions, rights of first refusal or offer, or options pursuant to rights granted under leases existing as of the Effective Date so long as the same are in this Agreement. All costs and expenses incurred and paid by Seller under any such approved lease entered into after Purchaser's execution hereof shall be paid by Purchaser in strict accordance with Section 6.6(b) hereofspecific lease provisions (e.g. including, without limitation, fixed terms, rental rates, etc.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)