Common use of Items for Which There Will Not be a Proration Clause in Contracts

Items for Which There Will Not be a Proration. Seller and Buyer agree that (a) none of the insurance policies relating to the Golf Club will be assigned to Buyer, and Buyer shall be responsible for arranging for its own insurance as of the Closing Date; and (b) utilities, including telephone, electricity, water and gas, shall be terminated as to Seller’s account on the Closing Date, and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to and continued in the name of Buyer beginning 12:01 A.M. on the Closing Date, including the posting of any required deposits. Accordingly, there will be no prorations for insurance or utilities, unless a meter reading is unavailable for any particular utility, then such utility shall be prorated in the manner provided in Section 29 above. To the extent reasonably possible, Buyer and Seller shall cooperate to arrange for utility and other service providers to separately xxxx each party for their respective periods of ownership, in which event no credit and no proration will be necessary. Seller shall be entitled to receive and be returned any deposits Seller may have with any utility companies or will receive a credit at Closing from Buyer to the extent such deposits may be transferred to Buyer’s account.

Appears in 1 contract

Samples: Contract for Sale and Purchase

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Items for Which There Will Not be a Proration. Seller and Buyer agree that (a) other than pursuant to Section 8, none of the insurance policies relating to the Golf Club will be assigned Property wixx xx xxxxxxxx to Buyer, Buyer and Buyer shall be responsible for arranging for its own insurance as of the Closing Date; and (b) utilities, including telephone, electricity, water and gas, shall be terminated as to Seller’s account read on the Closing Date, Date and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to and continued in the name of Buyer beginning 12:01 A.M. a.m. Pacific time on the Closing Date, including the posting of any required deposits. Accordingly, there will be no prorations for insurance or utilities, unless a meter reading is unavailable for any particular utility, then such utility shall be prorated in the manner provided in Section 29 7I above. To the extent reasonably possible, Buyer and Seller shall cooperate to arrange for utility and other service providers to separately xxxx bill each party for their respective periods of ownership, in which event exxxx no credit and no proration will be necessary. Seller shall be entitled to receive and be returned any deposits Seller may have with any utility companies companies, or will receive a credit at Closing from Buyer to the extent such deposits may be are transferred to Buyer’s 's account.

Appears in 1 contract

Samples: Purchase Agreement (Casa Munras Hotel Partners L P)

Items for Which There Will Not be a Proration. Seller and Buyer agree that (a) none other than pursuant to Xxxxxxx 0, xxxx of the insurance policies relating to the Golf Club Property will be assigned to Buyer, and Buyer shall be responsible for arranging for its own insurance as of the Closing Date; and (b) utilities, including telephone, electricity, water and gas, shall be terminated as to Seller’s account read on the Closing Date, Date and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to and continued in the name of Buyer beginning 12:01 A.M. Mountain time on the Closing Date, including the posting of any required deposits. Accordingly, there will be no prorations for insurance or utilitiesutilities (unless, unless with respect to a 3721766.8 -20- Gardere01 - 10003657v.4 particular utility, (i) a meter reading is unavailable for any particular utilityunavailable, then in which case such utility shall be prorated in the manner provided in Section 29 6.4.11 above; or (ii) the Title Company reasonably requires it), and Seller shall be entitled to any refund in connection with termination of Seller’s existing insurance policies. To the extent reasonably possible, Buyer and Seller shall cooperate to arrange for utility and other service providers to separately xxxx each party for their respective periods of ownership, in which event no credit and no proration will be necessary. Seller shall be entitled to receive and be returned any deposits Seller may have with any utility companies companies, or will receive a credit at Closing from Buyer to the extent such deposits may be transferred to Buyer’s accountremain for the benefit of Buyer from and after Closing.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Ashford Hospitality Prime, Inc.)

Items for Which There Will Not be a Proration. Seller and Buyer agree that (a) none other than pursuant to Xxxxxxx 0, xxxx of the insurance policies relating to the Golf Club Property will be assigned to Buyer, and Buyer shall be responsible for arranging for its own insurance as of the Closing Date; and (b) utilities, including telephone, electricity, water and gas, shall be terminated as to Seller’s account read on the Closing Date, Date and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to and continued in the name of Buyer beginning 12:01 A.M. on the Closing Date, including the posting of any required deposits. Accordingly, there will be no prorations for insurance or utilitiesutilities unless, unless with respect to a particular utility, a meter reading is unavailable for any particular utilityunavailable, then in which case such utility shall be prorated in the manner provided in Section 29 6.4.7 above. To the extent reasonably possible, Buyer and Seller shall cooperate to arrange for utility and other service providers to separately xxxx each party for their respective periods of ownership, in which event no credit and no proration will be necessary. Seller shall be entitled to receive and be returned any deposits Seller may have with any utility companies companies, or will receive a credit at Closing from Buyer to the extent such deposits may be transferred are not remitted to Buyer’s accountSeller.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Lodging Fund REIT III, Inc.)

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Items for Which There Will Not be a Proration. Seller and Buyer agree that (a) none other than pursuant to Xxxxxxx 0, xxxx of the insurance policies relating to the Golf Club a Property will be assigned to Buyer, Buyer and Buyer shall be responsible for arranging for its own insurance as of the Closing Date; and (b) utilities, including telephone, electricity, water and gas, shall be terminated as to Seller’s account read on the Closing Date, Date and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to and continued in the name of Buyer beginning 12:01 A.M. a.m. Pacific time on the Closing Date. All deposits of Seller made for utilities, including maintenance or service contracts, licenses, or otherwise, shall be credited to Seller at Closing and the posting of any required depositsparties shall arrange to have all such accounts and deposits transferred to Buyer at Closing. Accordingly, there will be no prorations for insurance or utilities, unless a meter reading is unavailable for any particular utility, then such utility shall be prorated in the manner provided in Section 29 above5.3.1(d). To the extent reasonably possible, Buyer and Seller shall cooperate to arrange for utility and other service providers to separately xxxx each party for their respective periods of ownership, in which event no credit and no proration will be necessary. Seller shall be entitled to receive and be returned any deposits Seller may have with any utility companies or will receive a credit at Closing from Buyer to the extent such deposits may be transferred to Buyer’s account.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Apple Reit Six Inc)

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