Leases; Service Contracts. Seller has delivered to Purchaser a correct and complete copy of each of the Leases and Service Contracts and any amendments thereto (Seller has advised Purchaser that Kotura, Inc. is the only tenant in the building and that there are no Service Contracts). The information regarding the Leases contained on the Rent Roll attached as Schedule 4, which identifies all tenants of the Property as of the Effective Date, is correct and complete as of the date of this Agreement. Except as set forth on Schedule 4, no commissions, tenant improvement costs or reimbursements for improvements are due or could become due from Seller in connection with the Leases. To the knowledge of Seller, each of the Leases and Service Contracts is in full force and effect, no notice has been given of any cancellation or surrender thereof, and neither Seller nor the tenant or other party is in default thereunder.
Leases; Service Contracts. The Agent shall have received copies of all material service contracts and leases affecting any portion of the Mortgaged Properties.
Leases; Service Contracts. Seller has delivered to Purchaser a correct and complete copy of each of the Leases and Service Contracts and any amendments thereto. The information regarding the Leases contained on the Rent Roll attached as Schedule 4, which identifies all tenants of the Property as of the Effective Date, is correct and complete as of the date of this Agreement. Except as set forth on Schedule 4, no commissions, tenant improvement costs or reimbursements for improvements are due or could become due from Seller in connection with the Leases. To the knowledge of Seller, each of the Leases and Service Contracts is in full force and effect, no notice has been given of any cancellation or surrender thereof, and neither Seller nor the tenant or other party is in default thereunder.
Leases; Service Contracts. Copies of any Leases, Service Contracts and Advance Reservation Contracts ( as defined in Section 8.4 below) currently in effect with respect to the Property which are to be assigned to Buyer, including, without limitation, the Restaurant Lease;
Leases; Service Contracts. Without Buyer’s prior written consent, which consent shall not be unreasonably withheld, neither Seller nor Mercury shall enter into, extend, renew, replace, modify or amend any service or other Property related contract with respect to the Property that would be binding on Buyer. Except for the Lease, Seller shall not enter into, extend, renew, replace, modify or amend any license, easement, lease or occupancy agreement of all or any part of to the Property without Buyer’s prior written consent. Seller and Mercury agree to terminate any service or other Property related contracts that would be binding on Buyer as owner of the Property effective as of the Closing Date without cost to Buyer.
Leases; Service Contracts. [Check the box in front of the applicable provision.] x Seller represents to Purchaser that there are no management, service or other contracts that affect the Property that cannot be terminated at Closing by Purchaser at its sole discretion. Seller also represents that as of the day of Closing, there will be no leases in effect on the Property. _ Seller represents to Purchaser that there are no management, service or other contracts that affect the Property that cannot be terminated at Closing by Purchaser at its sole discretion, except as set forth on Exhibit "C" attached hereto and by this reference made a part hereof. Purchaser agrees to assume in writing all obligations of Seller arising from and after the date of Closing to the other parties under the contracts listed on Exhibit "C". 2 of 14 _ Seller represents to Purchaser that there are no leases that affect the Property that will be in effect at closing except as set forth on Exhibit "D" attached hereto and by this reference made a part hereof. Purchaser agrees to assume in writing all obligations of Seller arising from and after the date of Closing to tenants under the leases listed on Exhibit "D" and all obligations of Seller arising from and after the date of Closing to pay any broker or brokers who negotiated such leases such commissions as are specified in such leases (or in separate commission agreements) in the same manner as if the Property had not been sold. Seller shall, promptly after Closing, provide a copy of such written assumption agreement to all leasing brokers of record. At Closing Seller shall in writing assign to Purchaser all Seller's interest in such leases with appropriate warranties as to the good standing of such leases, and provide Purchaser with the originals of such leases. Seller represents that the leases are in full force and effect on the date hereof and are fully assignable to Purchaser, that no default exists under the leases on behalf of either the landlord or tenant named therein; that the leases are the only agreements between Seller as "landlord" and tenants, there having been no modification of the leases, or otherwise; and that tenants are entitled hereafter to no concessions, rebates, and/or allowances or free rent for any period after the closing. In addition, Seller shall deliver to Purchaser on or before Closing, tenant estoppel certificates in the form required under such leases, or if no form is specified or required, in form and substance reasonably s...
Leases; Service Contracts. The Agent shall have received copies of all material service contracts and leases affecting any portion of the Pico Assets.
Leases; Service Contracts. Seller represents to Purchaser that there are no management, service or other contracts that affect the Property that cannot be terminated at closing by Purchaser at its sole discretion. Seller also represents that as of the day of closing, there will be no leases in effect on the Property except as set forth on Exhibit "C", attached hereto and by this reference made a part hereof.
Leases; Service Contracts. Seller shall hold harmless, indemnify and defend Buyer from and against any and all claims and liability, and expenses related thereto (including reasonable attorneys' fees), which Buyer incurs by reason of any alleged default on the part of the landlord under the Lease, as vendee under a Service Contract based upon an event or condition occurring (or alleged to have occurred) prior to Closing. Buyer shall hold harmless, indemnify and defend Seller from and against any and all claims and liability, and expenses related thereto (including reasonable attorneys' fees), which Seller incurs by reason of any alleged default on the part of the landlord under a Lease, as vendee under a Service Contract, based upon an event or condition occurring (or alleged to have occurred) after Closing.
Leases; Service Contracts. The Bankruptcy Court shall have entered an order approving the Debtor’s Motion for Authority to Assume and/or Assign Certain Contracts and Leases to Purchaser(s) Free and Clear of All Liens, Claims and Encumbrances (“Debtor’s Motion”), as to all leases affecting the Property as set forth in Schedules 1 and 2 of such motion. There shall be no leases, occupancy agreements or service contracts affecting the Property other than (i) the leases identified in the aforesaid Schedules 1 and 2, and (ii) the Xxxxxx City Water and Wastewater System Standard Developer’s Service Agreement (the “Water Services Agreement”). Buyer acknowledges that it has received satisfactory evidence that assignment to Buyer of the Water Services Agreement has been approved by Xxxxxx City, and Buyer further acknowledges and agrees that the Water Services Agreement shall be assigned to Buyer pursuant to the Xxxx of Sale, Assignment and Assumption identified in paragraph 14 hereof. In the event that there are any new leases, occupancy agreements or service contracts that are not identified herein, in Debtor’s Motion or identified in the title exception documents listed in Section 6e, Seller shall immediately deliver same to Buyer for its review and approval. In the event Buyer does not approve any such new leases, occupancy agreements or service contracts, Buyer reserves the right to petition the Bankruptcy Court to reject any of those leases, occupancy agreements and/or service contracts.
