Common use of Rentals Clause in Contracts

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leases.

Rentals. Rentals and any other payments charges receivable (includingincluding expenses incurred pursuant to said Leases) under the Leases in effect at Closing, without ------- limitationas evidenced by the Updated Rent Roll (except as otherwise provided herein), common area maintenance charges paid prior to Closing and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of allocable in whole or in part to any period following the Property or any portion thereof (collectively, the "Tenants") Closing shall be prorated credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Close of Escrow. However, Buyer Closing shall not be obligated adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to make any payment or give any credit Closing to be remitted to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Buyer. After Purchaser shall first be applied to the Close payment of Escrowany rent due for the current period, all payments received by Buyer from the Tenants and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as follows: first, to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the obligation or obligations prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Tenants under the Leases accruing during the month in which the Close Property as of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; thirdClosing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to all hold as of Buyer's costs the date of collection incurred with respect to the recovery of any such payments; and thenClosing (including, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow without limitation, non-refundable cleaning fees) shall be paid over assigned and transferred to Buyer within five (5) business days of receipt Purchaser and shall be applied in Purchaser will assume and pay to respective tenants the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations amount of such Tenant under deposits according to the Leases.

Rentals. Rentals and other payments (includingTenant agrees to pay to the Landlord the sum of $ per month, without ------- limitationas rent, common area maintenance charges and payments during the Term. The rent for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") partial month shall be prorated on the basis of a thirty (30) day month. The rent shall be payable monthly, in arrears, on the first (1st) day of each month. The rent shall be paid to the Landlord at . [IF APPLICABLE – MOST LANDLORDS WILL NOT REQUIRE A DEPOSIT FROM THE UNIVERSITY: Prior to occupying the Premises, Tenant shall deposit with Landlord a “Security Deposit” (herein so called) in the amount of $ to be held by Landlord as of the Close of Escrowsecurity for Tenant’s performance under this Lease. HoweverUnless otherwise required by law, Buyer Tenant shall not be obligated entitled to make interest on such Security Deposit and Landlord may commingle such Security Deposit with any payment other funds of Landlord. Upon Tenant’s default, subject to any notice or give cure periods provided herein, Landlord may apply any credit applicable portion of the Security Deposit to: (a) an arrearage of rent, and/or (b) any actual and reasonable expenses incurred by Landlord due to Seller on account ofsuch default. If the Security Deposit is not used for the aforementioned purposes, then, within ten (10) days following the expiration or by reason ofearlier termination of the Lease, Landlord will return any rental remaining balance of the Security Deposit to Tenant. If Landlord transfers Landlord’s interests in the Premises, subject to the terms and provisions hereunder, then Landlord shall assign the Security Deposit to the transferee.] SALES TAXES Landlord shall pay any federal, state or local sales or other payments taxes upon the rents payable hereunder. HEATING, LIGHTING, AIR-CONDITIONING, JANITORIAL AND PEST CONTROL SERVICES The Landlord, at Landlord’s expense, shall furnish the following equipment and services to Tenant’s Premises throughout the Lease Term: heating and air conditioning equipment, which are unpaid shall be operated and maintained by Landlord in satisfactory operating condition; light fixtures and services related to same, including responsibility for replacement of all bulbs, tubes, and starts used in such fixtures for the purpose of furnishing light; janitorial services and all necessary janitorial supplies, including, but not limited to, the provision of trash disposal; and, pest control services. All services required above shall be provided Monday through Friday, excluding state holidays. MAINTENANCE AND REPAIRS Landlord, at Landlord’s expense, shall maintain the Premises in good condition and repair throughout the Lease Term. This shall include, but not be limited to, the requirement that Landlord maintain, repair, and replace, as necessary, all portions of the Close of EscrowPremises, including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways, sidewalks, carpeting, paint, and other interior elements. If Landlord fails to promptly make repairs that are its responsibility hereunder, Tenant has the right, but not the obligation, to have such repairs made and the cost thereof shall be required merely due and payable by Landlord at the next rent due date and failure to pay to Seller Seller's share same with thirty (30) days of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants date due shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leasesdeemed a default hereunder.

Rentals. Rentals and other payments Tenant agrees to pay to Landlord as minimum rental (includinghereinafter called "Minimum Rental") for the Premises, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property notice set-off or any portion thereof (collectivelydemand, the "Tenants") Minimum Rental determined by multiplying the number of rentable square feet included in the definition of Premises adjusted at such time the Tenant begins to lease the Additional Premises and again if Tenant leases the Expansion Area (as defined in Exhibit D), multiplied by the annual rent per rentable square foot in accordance with the following schedule, divided by 12 to determine the amount of Minimum Rental due and payable per month: Months 1 -16: $14.00 per rentable square foot Months 17-28: $14.25 per rentable square foot Months 29-40: $14.50 per rentable square foot Months 41-52: $14.75 per rentable square foot Months 53-63: $15.00 per rentable square foot Provided Tenant shall faithfully perform all terms and conditions of this Lease Agreement during the Term hereof and any extensions thereto, including the Option Term, if any, Tenant's obligation to pay Minimum Rent and Additional Rent shall be prorated abated for a period of three (3) months commencing May 1, 2000, through and including July 31, 2000. In the absence of such faithful performance by Tenant as of the Close of Escrow. Howeverrequired herein, Buyer Landlord shall not be obligated deemed to make any payment have forgiven Minimum Rent or give any credit Additional Rent as would otherwise accrue during the aforesaid period, but, in addition to Seller such remedies as may be provided in this Lease Agreement or at law or in equity, Landlord shall be entitled to recovery of such abated Rent. The rent per square foot for the Additional Premises will be the same rent as charged for the Initial Premises. The Additional Premises shall be charged Minimum Rental commencing 60 days after the commencement of the Additional Premises term, provided however, notwithstanding language to the contrary set forth above, rent for the Additional Premises shall commence no later than May 1, 2001. Said monthly installments to be due and payable by Tenant in advance on account ofthe first day of each calendar month during the Term of this Lease Agreement, or by reason ofany extension or renewal thereof, at the office of Landlord set forth in the preamble to this Lease Agreement or at such other place as Landlord may designate. In the event of any fractional calendar month, Tenant shall pay for each day in such partial month a rental or other payments which are unpaid as equal to 1/30 of the Close of EscrowMinimum Rental. Tenant agrees to pay, but as Additional Rent, which shall be required merely collectible to pay to Seller Seller's share of the same if, extent as and when received by Buyer. After the Close of EscrowMinimum Rental, all payments received amounts which may become due to Landlord hereunder and any tax, charge or fee that may be levied, assessed or imposed upon or measured by Buyer from the Tenants shall rents reserved hereunder by any governmental authority acting under any present or future law before any fine, penalty, interest or costs may be applied as follows: firstadded thereto for non-payment. Pursuant to Article 6 hereof, to the obligation or obligations of the Tenants under the Leases accruing during the month Landlord's estimated Operating Expenses for 2000, are $5.63 per rentable square foot and estimated Real Estate Taxes payable in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which 2000 are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leases$6.12 per rentable square foot.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of At the Close of Escrow, but the parties shall be required merely to pay to Seller Seller's share of the same if, as and when prorate rental income received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during (including base rents and CAM reimbursements) for the month in which the Close of Escrow occurs; second, to any obligation or obligations of occurs (the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow“Current Month”). Delinquent rents shall not be prorated. Any rental payments received by Seller following after the Close of Escrow shall be paid over applied to current rentals first and then to delinquent rentals in order of the most recent delinquency. If, after the Close of Escrow, either party receives rental payments belonging to the other as required by the previous sentence, such party shall promptly forward such amount to the other. Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller use reasonable efforts to collect delinquent rents but shall have no right whatsoever obligation to initiate bring any action or proceeding to collect such delinquent rents. No person or entity (other than Buyer) shall institute an action against any tenant for delinquent rentals and other tenant charges and Additional Rents attributable to periods prior to the Current Month prior to the later of 90 days after the Closing Date and five business days after it gives Buyer written notice of such demand or action (and in no event shall Seller be entitled to take any action against a tenant which would result in a termination of any Tenant for unlawful detainer Lease or other the tenant’s right or action of occupancy thereunder). Tenants of the Property may be obligated to dispossess such Tenant pay, as additional rent, certain percentage rent, escalations in base rent and pass throughs of its leased premises with respect operating and similar expenses pursuant to the terms of the Leases (collectively, “Additional Rents”). As to any duties Additional Rents that are based on estimates and that are subject to adjustment or obligations reconciliation pursuant to the Leases after the Closing Date, Seller and Buyer shall “re prorate” such Additional Rents (including any portions thereof that may be required to be refunded to tenants) at the time that such estimates are actually adjusted or reconciled pursuant to the terms of such Tenant under Leases. Any amounts that may be due Seller as a result of such re prorations shall be paid by Buyer to Seller promptly after Buyer collects such amounts from the Leasestenants, and any amounts that may be due the tenants from Seller as a result of such re prorations shall be paid by Seller to Buyer promptly after written request therefor is delivered to Seller by Buyer.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments The quarterly rent payable for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants each Schedule shall be the amount shown on such Schedule. Lessee shall pay to Lessor the quarterly rent in advance for each quarter or any part thereof following the Commencement Date. The first Base Lease Term rental payment shall be made on the first day of the Property calendar quarter following the Commencement Date. A prorata portion of the quarterly rental charges, based on a daily rental of one-ninetieth (1/90th) of the quarterly rental calculated from the Commencement Date to the end of the calendar quarter, shall be due and payable at the Commencement Date. Installments of rent (or any portion thereof thereof) which are not paid within ten (collectively, the "Tenants"10) days after their due date shall be prorated as subject to a delinquency payment equal to five percent (5%) of the Close late installment. For delinquent installments of Escrowrent which remain unpaid at the end of each month, Lessee shall also pay to Lessor an administrative fee equal to two percent (2%) of the aggregate unpaid amount. HoweverAll rent shall be paid at the place of business of Lessor shown above or another place as Lessor may designate by written notice to Lessee. Except as otherwise provided in this Lease, Buyer Lessee's obligation to pay rent shall be absolute and unconditional under all circumstances, notwithstanding: (i) any setoff, counterclaim, recoupment, defense or other right which Lessee may have against Lessor for any reason whatsoever; (ii) any defect in the title, right to use, condition, operation, fitness for use, damage or destruction of or to the Equipment or any interruptions or cessations in use or possession for any reason whatsoever; (iii) any insolvency, bankruptcy, reorganization or similar proceedings instituted by or against Lessee. Any Deposit shall be returned to Lessee (without interest) if Lessor does not be obligated to make any payment or give any credit to Seller on account ofaccept this Lease. Otherwise, or upon acceptance of this Lease by reason ofLessor, any Deposit shall be applied by Lessor (as specified on the Schedule) to rental or other payments which are unpaid as or costs of Lessor due and owing under the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by BuyerLease. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: firstLessee hereby waives, to the obligation extent permitted by applicable law, any and all right which it may now or obligations of at any time hereafter have to cancel, terminate, or surrender this Lease except in accordance with the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leasesexpress terms hereof.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller, Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leases. Prior to closing Seller will distribute any funds held in bank accounts to its respective partners and members in accordance with their respective interests and will provide for the assumption by Seller of all short term liabilities of the Partnerships.

Rentals. Rentals Rent and other payments (includingpayments, including without ------- limitationlimitation any additional rent and percentage rent, common area maintenance charges which are payable pursuant to the Leases, applicable to the time period in which the Close of Escrow occurs, and payments for real property taxes and insurance premiums) payable have been received by tenantsSeller prior to the Closing Date, licensees, concessionaires and other occupants shall be pro-rated on a per diem basis as of the Property or Closing Date. Seller shall use its commercially reasonable efforts to resolve, prior to the Closing Date, any portion thereof (collectivelyrent arrearages arising under Leases for the period prior to the Closing Date; however, if any such arrearages exist at Closing, Buyer shall pay to Seller any rent actually collected after Closing which is applicable to the "Tenants") period preceding the Closing Date in accordance with this Section 3.12.4. All rent, including any delinquent rent, collected by Buyer after Closing shall be prorated applied first to the current month's rent, second to unpaid, past due rent accruing after the Closing Date, and third to the unpaid rent accruing prior to the Closing Date (and such pre-Closing rent collected by Buyer shall be paid to Seller within ten (10) days after Buyer's receipt thereof). In no event shall delinquent rent be prorated. During the twelve (12) month period following Closing, Buyer shall xxxx tenants for any rent arrearages in respect of the period prior to the Closing Date and shall use its commercially reasonable efforts to collect same, provided that Buyer shall not be required to incur any other cost or commence any legal proceeding in order to collect such arrearage. Any prepaid rentals including with respect to operating expenses shall be credited to Buyer as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to credited and Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or debited with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, an amount equal to all of Buyer's costs of collection incurred with respect rent abatements and rent concessions applicable to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to after the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no retain the right whatsoever to initiate take action to collect any action against any Tenant for unlawful detainer delinquent rents or other amounts owing Seller applicable to the period prior to the Closing Date, except with to the extent Seller is deemed to have waived its right or action to dispossess such Tenant of its leased premises do so with respect to any duties or obligations of such that Tenant under the Leasescommonly known as "Sports Plus" pursuant to Section 3.12.5 below.

Rentals. Rentals As used herein, “Rentals” includes fixed monthly rentals, additional rentals, escalation rentals, retroactive rentals, percentage rentals, operating cost pass-throughs and other payments (including, without ------- limitation, common area maintenance sums and charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of Tenants under the Property or any portion thereof (collectively, the "Tenants") Tenant Leases. Delinquent Rentals shall be prorated between Buyer and Seller as of the Close of Escrow but not until they are actually collected by Buyer. Buyer shall have the right, but not the obligation, to collect any delinquent Rentals; provided, however, Buyer agrees to send invoices to Tenants for delinquent Rentals for a period of six(6) months following the Close of Escrow. HoweverFrom and after the Close of Escrow, Seller shall have the right to institute or continue any legal action to collect delinquent Rentals under any Tenant Lease, provided that Seller shall not be permitted to commence or continue any action to terminate the applicable Tenant Lease or the Tenant’s right to possession of a portion of the Property pursuant to any Tenant Lease. Buyer shall not be obligated to make any payment or give any credit remit to Seller on account any Rentals received from Tenants after the Close of Escrow unless such Tenants are current in their Rental obligations for periods occurring from and after the Close of Escrow. Delinquent Rentals collected by Buyer, net of the costs of collection (including actual out-of-pocket attorneys’ fees), shall be applied first to amounts currently due and then to amounts most recently overdue. Buyer shall remit any amounts to which Seller is ELECTRONIC ARTS INC. entitled in accordance with this Section 9.1 to Seller immediately upon receipt. Except as specified above, if either Buyer or by reason ofSeller receives any revenues attributable to the period during which it is not the owner of the Property, said party shall promptly forward such amounts to the other party (if such revenues are only partially attributable to the period during which said party is not the owner of the Property, the amount paid to the other party shall be based upon proration as of the Close of Escrow as set forth above). Notwithstanding the foregoing, Seller shall be entitled to an increase in the Purchase Price to the extent any rental rents or other payments which are unpaid amounts due as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant , under the LeasesLease between Seller and Buyer remain unpaid.