PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein but subject to the apportionment provisions of Section 7 (Apportionments), it is expressly agreed by the parties hereto that the items set forth on Schedule 8 attached hereto shall not be included in the Property to be sold to Purchaser hereunder (collectively, the “Excluded Property”).
PROPERTY NOT INCLUDED IN SALE. The following shall not be included in the Property to be sold hereunder: Tax deposits, utility deposits and other deposits, except for transferable utility deposits, which are to be apportioned as herein provided, and except for Reservation Deposits which are credited against the Purchase Price in accordance with Section 4.9.
PROPERTY NOT INCLUDED IN SALE. The following shall not be included in the Property to be sold hereunder:
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any alterations at, on or in any of the Properties that (i) are readily removable without unrepaired damage to the Property, (ii) do not reduce the value, economic life or utility of the Property if removed, (iii) are not integral to the structure or operation of the Property, and (iv) are not required for the lawful occupancy of the Property shall not be included in the Properties to be sold to Purchaser hereunder. In addition, Seller’s Equipment and Personalty as described on Exhibit “B”, attached hereto and made a part hereof, shall also not be included in the Properties to be sold to Purchaser hereunder. With respect to the FRC-W Property, FRC shall assign to TRS at Closing all of FRC’s right, title and interest in the property described above in this paragraph (including but not limited to Seller’s Equipment and Personalty described on Exhibit “B” attached hereto) as not being sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any fixtures, furniture, furnishings, equipment or other tangible or intangible personal property (including, without limitation, trade fixtures in, on, around or affixed to the Building) owned or leased by Metra, any tenant, or by any managing agent, leasing agent, contractor, or employee at the Premises, shall not be included in the Property to be sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Building) owned or leased by any tenant, or by any managing agent, leasing agent, contractor, or employee at the Premises shall not be included in the Property to be sold to Purchaser hereunder. In addition, the Property to be sold to Purchaser hereunder shall not include any rights to trademarks, trade names or other intellectual property of any kind whatsoever other than the name of the building, if any, which shall be transferred to Purchaser without recourse, representation or warranty whatsoever, express or implied.
PROPERTY NOT INCLUDED IN SALE. The following shall not be included in the Properties to be sold, leased or otherwise owned by Purchaser hereunder, any marijuana plants in whatever form, i.e. seeds, plants, stems, flowers, leaves or any other things that may be derived therefrom, including any cash being kept on the property which is derived in any way, either directly or indirectly, from the production, sale or cultivation of marijuana belonging to any current tenant occupying the Land or Improvements thereon. The foregoing exclusions shall not apply to the collection and receipt of rents derived through the Purchasers normal course of business.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that (a) any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Premises, owned or leased from a third party by any tenant, managing, agent, leasing agent, contractor, or employee at the Building (collectively, "Excluded Personalty") and (b) all escrow or reserve accounts or other accounts of any nature whatsoever held by or owing from Nomura (or any nominee or designee) in connection with the Nomura Loan, including, without limitation, any reserves for tenant improvements, taxes, insurance, interest, required repairs, operating and maintenance, or other reserves required under the documents relating to the Nomura Loan (the "Nomura Loan Documents"), shall not be included in the Property to be sold to Green hereunder. The provisions of this Article 8 do not apply to the escrow account described in Section 10(c).
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that the following shall not be included in the Property to be sold to Purchaser hereunder: (a) any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Real Property) that in each case are already owned or leased by Purchaser or a licensee or a subtenant at the Real Property; and (b) any rights to trademarks, tradenames or other intellectual property of any kind whatsoever owned by Seller ((a) and (b), collectively, the "Excluded Property").
PROPERTY NOT INCLUDED IN SALE. In addition to the provisions of subsection 1.1.9, and notwithstanding any other provision herein to the contrary, the following shall not be included in the Property to be sold hereunder:
