Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Major" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shall, at Seller's option, either (a) perform any necessary repairs, or (b) assign to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and the cost to complete the repairs. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 2 contracts
Sources: Sale Agreement (Behringer Harvard Reit I Inc), Sale Agreement (Behringer Harvard Reit I Inc)
Minor Damage. In the event of loss or damage to the Real Property or any portion thereof which is not "Major" “major” (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shallperforms any necessary repairs or, at Seller's ’s option, either (a) perform any necessary repairs, or (b) assign assigns to Purchaser all of Seller's ’s right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in questionquestion (other than business interruption proceeds attributable to the period prior to Closing). In the event that Seller elects to perform repairs upon the Real Property, Seller shall use reasonable efforts to complete such repairs promptly and the Outside Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's ’s insurance policy and the cost to complete the repairspolicy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Pebblebrook Hotel Trust), Purchase and Sale Agreement (Ashford Hospitality Trust Inc)
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Majormajor" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shallperforms any necessary repairs or, at Seller's option, either (a) perform any necessary repairs, or (b) assign assigns to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly promptly, subject to Purchaser's reasonable supervision, and the date of Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, then the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and the cost to complete the repairspolicy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Mack Cali Realty L P), Purchase and Sale Agreement (Mack Cali Realty Corp)
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Majormajor" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shallperforms any necessary repairs or, at Seller's option, either (a) perform any necessary repairs, or (b) assign assigns to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in questionquestion (including, without limitation, business interruption or rent insurance proceeds). In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and the cost to complete the repairspolicy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Crown American Realty Trust)
Minor Damage. In the event of loss or damage to the Property ` ------------ Properties or any portion thereof which is not "Major" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shall, at Seller's option, either (a) perform any necessary repairs, or (b) assign to Purchaser Buyer all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that If Seller elects to perform repairs upon the PropertyProperties, Seller shall use reasonable efforts to complete such repairs promptly promptly, and the date of Closing Date shall be extended for a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to PurchaserBuyer, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and or the cost to complete the repairsof such repairs as determined in accordance with Section 7.3 hereof. Upon Closing, full risk of loss with respect to the Property Properties shall pass to PurchaserBuyer.
Appears in 1 contract
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Major" “major” (as hereinafter defineddefined below), this Agreement shall will remain in full force and effect provided that Seller shallperforms any necessary repairs which Seller is obligated to make under the Lease or, at Seller's Purchaser’s option, either (a) perform any necessary repairs, or (b) assign assigns to Purchaser all of Seller's ’s right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that If Purchaser elects for Seller elects to perform repairs upon the Property, Seller shall will use reasonable efforts to complete such repairs promptly and the date of Closing Date shall will be extended a reasonable time in order to allow for the completion of such repairs. If Purchaser elects for Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall will be reduced by an amount equal to the lesser of the deductible amount under Seller's ’s insurance policy and the cost to complete the repairspolicy. Upon Closing, full risk of loss with respect to the Property shall will pass to Purchaser.
Appears in 1 contract
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Major" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shall, at Seller's option, either (a) perform any necessary repairs, or (b) assign to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and or the cost to complete the repairsof such repairs as determined in accordance with Section 7.3 hereof. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser. The risk of loss until the Closing is retained by Seller, but without any obligation or liability by Seller to repair or restore the Property.
Appears in 1 contract
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Major" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shall, at Seller's option, either (a) perform any necessary repairs, or (b) assign to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller elects to assign a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and or the cost to complete the repairsof such repairs as determined in accordance with Section 7.3 hereof. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 1 contract
Sources: Sale Agreement (Arden Realty Inc)
Minor Damage. In the event of loss or damage to the Property or any portion thereof which is not "Majormajor" (as hereinafter defined), this Agreement shall remain in full force and effect provided that Seller shallperforms any necessary repairs or, at SellerPurchaser's option, either (a) perform any necessary repairs, or (b) assign assigns to Purchaser all of Seller's right, title and interest in and to any claims and proceeds Seller may have with respect to any casualty insurance policies or condemnation awards relating to the premises in question. In the event that Purchaser elects to require Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing Date shall be extended a reasonable time in order to allow for the completion of such repairs. If Seller Purchaser elects to assign accept Seller's assignment of a casualty claim to Purchaser, the Purchase Price shall be reduced by an amount equal to the lesser of the deductible amount under Seller's insurance policy and the cost to complete the repairspolicy. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Ml Eq Real Estate Portfolio L P)