Items to be Prorated Sample Clauses

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date: (a) Real property taxes and general and special assessments upon the Property shall be adjusted on an accrual basis and prorated, as of the Closing Date on the basis of the fiscal year for such taxes and assessments (the "TAX YEAR"). If the Closing shall occur before the real property tax rate for the Tax Year is fixed, the apportionment of taxes shall be made on the basis of a good faith estimate of Seller and Buyer. After the real property taxes are finally fixed for the Tax Year in which the Closing occurs, Buyer and Seller shall make a recalculation of the apportionment of such taxes, and Buyer or Seller, as the case may be, shall make an appropriate payment to the other based on such recalculation. To the extent that either the Seller or Buyer shall obtain any real estate tax abatement with respect to the Property which is applicable to the year in which the Closing occurs, the amount of the net proceeds of such tax abatement shall be prorated through the Closing Date if, as and when such proceeds are paid or applied (and if applied, Buyer shall promptly after notice of such application remit to Seller its share) by the applicable governmental authority (it being understood that to the extent any tenant shall be entitled to any portion of such tax abatement, that such portion shall be turned over to Buyer to remit to such tenant and shall be deducted from any tax abatement proceeds in connection with calculating the net proceeds thereto). In no event shall Seller be charged with or be responsible for any increase in the taxes on the Property resulting from the sale of the Property or from any improvements made or leases entered into on or after the Closing Date. If any assessments on the Property are payable in installments, then the installment for the current period shall be prorated (with Buyer assuming the obligation to pay any installments due after the Closing Date). (b) All fixed and additional rentals under the leases, refundable security deposits (together with interest on such deposits to the extent required by law or by the terms of the applicable leases) and other tenant charges. Seller shall deliver or provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable security deposits (to the extent the foregoing are held by Seller and are not applied or forfeited prior to the Closing Date) to Buyer on the Closin...

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date with Buyer being deemed the owner of the Property as of the Closing Date:

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Close of Escrow with the Buyer being deemed the owner of the Property as of the Close of Escrow:

Items to be Prorated. Subject to the immediately following paragraph, the items set forth in this Section 6.8.1 shall be prorated between Seller and Buyer as of 11:59:59 pm on the day prior to the Closing Date with (i) Buyer being deemed the owner of the Property as of the Closing Date and with Buyer receiving credit for or charged with the entire day of the Closing and (ii) Seller being deemed the owner of the Property on the entire day prior to the Closing Date and with the applicable Seller receiving credit for or charged with the entire day prior to the Closing. Except as hereinafter expressly provided, all prorations shall be done on the basis of the actual number of days in the year in which Closing occurs for the actual number of days elapsed to the Closing Date or the actual number of days in the month in which the Closing occurs and the actual number of days elapsed in such month to the Closing Date, as applicable.

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date with Buyer being deemed the owner of the Property as of the Closing Date and with Buyer receiving credit for or charged with the entire day of the Closing. Except as hereinafter expressly provided, all prorations shall be done on the basis of the actual number of days in the year in which Closing occurs for the actual number of days elapsed to the Closing Date or the actual number of days in the month in which the Closing occurs and the actual number of days elapsed in such month to the Closing Date, as applicable:

Items to be Prorated. The following items shall be prorated between -------------------- Purchaser and Seller as of 11:59 p.m. (local time at the Property) on the day immediately preceding the Closing Date: (a) real property taxes and assessments (or installments thereof) based on the most recent tax bills except those required to be paid directly to the entity imposing the same by Tenants; (b) water rents and charges, if any, except those required to be paid directly to the entity imposing the same by Tenants; (c) sewer taxes and rents, if any, except those required to be paid directly to the entity imposing the same by Tenants; (d) actually accrued interest, if any, required to be paid to a Party on Security Deposits; (e) amounts, if any, payable by Seller or owed to Seller under the REA or the Anchor Subleases; (f) amounts, including, without limitation, ground rent, payable by Seller (or ▇▇▇▇▇) or owed to Seller (or ▇▇▇▇▇) under the Ground Lease, the ▇▇▇▇▇ Sublease and the TIC Agreement; (g) annual permit, license and inspection fees, if any, on the basis of the fiscal year for which levied, if the rights with respect thereto continue for the benefit of Purchaser following the Closing; (h) fuel oil and liquid propane gas, if any, at the cost per gallon or cubic foot most recently charged to Seller with respect to the Property, based on the supplier's measurements thereof, plus sales taxes thereon; (i) deposits, if any, on account with any utility company servicing the Property; (j) deposits on account with any municipality having jurisdiction over the Property (other than deposits which are in the nature of security for the performance of work); (k) amounts paid or payable by or to Seller to or from merchants and other associations for promotional funds and other similar contributions or payments; (l) Rents; (m) amounts paid or payable by Seller under the Assumed Contracts; (n) Purchaser shall receive a credit from Seller at Closing for the funds held by Seller with respect to outstanding gift certificates; and (o) all other items customarily apportioned in connection with the sale of similar properties similarly located. Seller shall prepare and send to Purchaser and Tenants and each REA Party calculations and tenant ▇▇▇▇▇▇▇▇ for periods ending on or prior to the Closing Date with respect to Adjustable Tenant Charges, Sales Based Tenant Charges and advertising marketing and promotional contributions. Seller shall cooperate with Purchaser in the transfer of electricity, gas...

Items to be Prorated. The following shall be prorated between Seller and Buyer as of 11:59 p.m. on the day prior to the Closing Date, with such prorations being calculated (except as otherwise set forth below) on the basis of Seller being responsible for all expenses and entitled to all income attributable to periods prior to the Closing Date and Buyer being responsible for all expenses and entitled to all income attributable to periods on and after the Closing Date.

Items to be Prorated. Real property and personal property taxes and assessments shall be prorated as of Closing.

Items to be Prorated. Except as otherwise set forth herein, all items to be prorated pursuant to this Section 5.3 shall be prorated as of 11:59 P.M. on the day immediately preceding the Closing Date on the basis of the Proration Statement. Not later than five (5) days prior to the Closing Date, Seller shall deliver to Buyer a proposed “Proration Statement”. Not later than three (3) days prior to the Closing Date, Buyer shall deliver to Seller a written statement of objection or agreement to such Proration Statement. In the event of any disagreement, Buyer and Seller shall meet prior to the Closing Date for the purpose of agreeing to and finalizing the Proration Statement. Buyer and Seller hereby agree to act reasonably and in good faith in such discussions and determinations. The following items shall be prorated between Seller and Buyer as of the Closing Date (on the basis of the actual number of days elapsed over the applicable period), with Buyer being deemed to be the owner of the Property during the entire day on the Closing Date and being entitled to receive all operating income of the Property, and being obligated to pay all operating expenses of the Property, with respect to the Closing Date: