Common use of Rents Clause in Contracts

Rents. Subject to the provisions of this Section 7, Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Lease.

Rents. Subject to the provisions of this Section 7, Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the LeasesLeases (“Rents”) shall be apportioned as and when collected. Any Rents collected by Purchaser (which shall include Rents collected by any agent acting for Purchaser) subsequent to the Closing (whether due and payable prior to or subsequent to the Closing Date) shall be adjusted as of the 11:59 p.m. on the Closing Date (the “Adjustment Point”), less and any agreed credits due portion thereof properly allocable to tenants. periods prior to the Adjustment Point, net of costs of collection properly allocable thereto, if any, shall be paid by Purchaser to Seller (or such parties as may be directed by Seller) promptly after the collection thereof by Purchaser, but subject to the further provisions of this Section in the case of Rents are “Delinquent” when they were due prior to the date Adjustment Point. If prior to the Closing any entity within the term Seller have collected any Rents (which shall include Rents collected by any agent acting for such parties) which are properly allocable in whole or in part to periods subsequent to the Adjustment Point, the portion thereof so allocable to periods subsequent to the Adjustment Point, net of the Closingcosts of collection properly allocable thereto, and payment thereof has not been made on or before the date of if any, shall be credited to Purchaser by Seller at the Closing. Delinquent Rent As used in this Section the term “costs of collection” shall mean and include reasonable attorneys’ fees and other costs incurred by Purchaser or Seller in collecting any Rents, but shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, include the regular fees payable to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller property manager for the period prior to Closing. Any Rent collected by Buyer and due Property, the payroll costs of any of Seller’s employees or any other internal costs or overhead of Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying LeasePurchaser.

Rents. Subject to the provisions of this Section 7Rentals, Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or prepaid rentals and prepaid payments and all other payments amounts payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less and/or by licensees, concessionaires and other persons using or occupying the Property or any agreed credits due to tenants. Rents are part thereof, for or in connection with such use or occupancy, and all other income from all or any part of the Property (collectively, “Delinquent” when they were due prior Rentals”) shall be prorated on the basis that Buyer shall receive a credit for all Rentals which Seller has actually received before the Closing Date which is allocable to the date of period from and after the Closing Date. If, following the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent Buyer shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to collect any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents delinquent Rentals owing to Seller for as of the period prior to Closing. Any Rent collected by Closing Date, Buyer and due Seller will be shall promptly remitted pay the same to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller Rentals collected by Buyer after the Closing Date shall be applied first to the rental period in which the Closing occurred, second to unpaid Rentals accruing after the Closing Date, and third to satisfy delinquent rental obligations for any period before Closing not contact prorated at Closing. Buyer shall use good faith commercially reasonable efforts to recover any such tenant with delinquent Rentals in respect of the period prior to Delinquent Rent and the Closing Date, provided that Buyer shall not be required to incur any material cost or commence or pursue any legal proceedings proceeding in connection therewith. Seller will retain all ownership rights relating to any delinquent Rentals; if Buyer has not collected the same within sixty (60) days from the Closing Date, then Seller may take such action as it deems necessary to collect any delinquent Rentals, including the commencement of an action against the tenants under the Leases or any tenant other person liable for such delinquent Rentals, but not including any action for unlawful detainer or other action seeking eviction to terminate such tenant's occupancy of such tenant or the termination of the underlying Leaseits premises.

Rents. Subject There shall be an adjustment to the provisions of this Section 7funds Buyer is obligated to deliver at Closing, Rents shall be prorated based on a proration as of 12:00 a.m. of the Closing. “Closing Date on a per diem basis for rents ("Rents” as used herein includes fixed monthly rentals") which have been collected by Seller under Leases, additional rentalsand without limitation, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Propertytenants, percentage rentalslicensees, escalation rentals, retroactive rentals, rent taxconcessionaires, and other sums and charges payable persons using or occupying the Property or any part thereof, for or in connection with such use or occupancy not including, however, any security deposits held by tenants under Seller pursuant to the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, any installments of assessments for sewer, sidewalk or paving improvements on the Property payable after Closing shall be the exclusive responsibility of Buyer. Any of the Rents applicable to any period of time on or prior to the Closing Date which are due and payable by the Tenants, but which have not been collected by the Seller on or prior to the Closing Date, and which are paid after the Closing Date (the "Arrears") shall be first applied to the current month's rent due, then to delinquent rents for any period occurring from and after the Closing Date, and then paid to Seller, and if the Arrears are received by Buyer, Buyer shall pay the Arrears to Seller after collection by Buyer in accordance with the above described distribution plan. Notwithstanding anything contained herein to the contrary, Seller shall not contact retain the right to independently pursue the collection of any such tenant with respect to Delinquent Rent and Arrears; provided, however, Buyer shall not be required commence obligated to evict or otherwise pursue any legal summary proceedings against any tenant seeking eviction of such tenant or the termination join in any of the underlying LeaseSeller's collection proceedings.

Rents. Subject to the provisions of this Section 7, All collected Rents shall be prorated between Seller and Buyer as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due day prior to the date Closing Date. Seller shall be entitled to all Rents attributable to any period to but not including the Closing Date. Buyer shall be entitled to all Rents attributable to any period on and after the Closing Date. Rents not collected as of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent Closing Date shall not be prorated at the time of Closing. All Rent After Closing, Buyer shall make a good faith effort to collect any Rents not collected by Buyer or Seller from each tenant from as of the Closing Date on Seller's behalf and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing tender the same to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due upon receipt (which obligation of Buyer shall survive the Closing and not be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its businessmerged therein); provided, however, Seller that all Rents collected by Buyer on or after the Closing Date shall first be applied to all amounts due under the Leases at the time of collection (i.e., current Rents and sums due Buyer as the current owner and landlord) with the balance (if any) payable to Seller, but only to the extent of amounts delinquent and actually due Seller. Buyer shall not contact have an exclusive right to collect the sums due Seller under the Leases and Seller hereby retains its rights to pursue claims against any such tenant under the Leases for sums due with respect to Delinquent Rent periods prior to the Closing Date; provided, however, that Seller (i) shall be required to notify Buyer in writing of its intention to commence or pursue such legal proceedings; (ii) shall only be permitted to commence or pursue any legal proceedings after the date which is six (6) months after Closing; and Buyer (iii) shall not be required permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Leaselease. The terms of the immediately preceding sentence shall survive the Closing and not be merged therein.

Rents. Subject to Rentals, prepaid rentals and prepaid payments and all other amounts payable under the provisions of this Section 7Leases (collectively, Rents “Rentals”) shall be prorated on the basis that Buyer shall receive a credit for all Rentals which Seller has actually received before the Closing Date which is allocable to the period on and after the Closing Date. If, following the Closing, Buyer shall collect any delinquent Rentals owing to Seller as of the Closing. “Rents” as used herein includes fixed monthly rentalsClosing Date, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to Buyer shall promptly pay the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted same to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller Rentals collected by Buyer after the Closing Date shall be applied first to the rental period in which the Closing occurred, second to unpaid Rentals accruing after the Closing Date, and third to satisfy delinquent rental obligations for any period before Closing not contact prorated at Closing. Buyer shall use good faith commercially reasonable efforts to recover any such tenant with delinquent Rentals in respect of the period prior to Delinquent Rent and the Closing Date, provided that Buyer shall not be required to declare a default, incur any material cost or commence or any legal proceeding in connection therewith. Seller will retain all ownership rights relating to any delinquent Rentals; but Seller shall have no right to pursue any legal proceedings action against any tenant seeking eviction of such tenant or the termination of the underlying Leasetenants after Closing and, in particular, Seller shall have no right to pursue any action for unlawful detainer or other action seeking to terminate such tenant’s occupancy of its premises.

Rents. Subject to the provisions of this Section 7, All collected Rents (as hereinafter defined) shall be prorated between Seller and Purchaser as of 11:59 PM on the date immediately preceding the Closing Date. Seller shall be entitled to all collected Rents attributable to any period prior to, but not including, the Closing Date. Purchaser shall be entitled to all collected Rents attributable to any period on and after the Closing Date. After Closing, Purchaser shall make a good faith effort to collect any Rents not collected as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting Closing Date on Seller’s behalf and to tender the same to Seller upon receipt (which obligation of operating cost pass-throughs or other payments payable by tenants to Purchaser shall survive the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, Closing and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its businessmerged therein); provided, however, Seller that all Rents collected by Purchaser on or after the Closing Date shall first be applied to all amounts due under the Leases at the time of collection (i.e., current Rents and sums due Purchaser as the current owner and landlord) with the balance (if any) payable to Seller, but only to the extent of amounts delinquent and actually due Seller. Purchaser shall not contact have an exclusive right to collect the sums due Seller under the Leases and Seller hereby retains its rights to pursue claims against any such tenant under the Leases for sums due with respect to Delinquent Rent periods prior to the Closing Date; provided, however, that Seller: (i) shall be required to notify Purchaser in writing of its intention to commence or pursue such legal proceedings; (ii) shall only be permitted to commence or pursue any legal proceedings after the date which is three (3) months after the Closing Date; and Buyer (iii) shall not be required permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Leaselease. The terms of the immediately preceding sentence shall survive the Closing and not be merged therein. "Rents" shall mean all base rents, additional rent and operating expense reimbursements and escalations due from the tenants of the Property under the Leases.

Rents. Subject This Section 4(b) shall apply to any Leases, and if no Leases are in effect, this Section 4(b) shall not be applicable. Notwithstanding anything to the provisions of this Section 7contrary contained herein, Rents no proration shall be prorated made in relation to any delinquent rents existing under any Lease as of the date of Closing. “Rents” In adjusting for uncollected rents, no adjustment shall be made in Seller’s favor for rents that have accrued and are unpaid as used herein includes fixed monthly rentalsof Closing, additional rentalsbut Purchaser shall pay Seller such accrued and unpaid rents, as and when collected by Purchaser. Purchaser agrees to bill tenants of the Property for all past due rents and to take any additional rental consisting reasonable actions requested by Seller to collect rents that are accrued but unpaid as of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, including without limitation the engagement of a collection agency, provided that Purchaser shall not be obligated to incur any out-of-pocket third party expenses in connection with such actions and payment thereof has Purchaser shall not been made on or before be obligated to take any action to terminate a tenancy. Seller reserves the right to bring suit against tenants of the Property to collect for accrued but unpaid rents owed Seller as of the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or , but Seller from each tenant from and after Closing will be applied as follows: (i) firstmay not, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior subsequent to Closing, bring suit for possession of the premises occupied by such tenants. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, howeverAfter Closing, Seller shall not contact any such tenant with respect have the right to Delinquent Rent and Buyer shall not inspect the rent receipts of Purchaser relating to the Property to verify that Purchaser is remitted to Seller all amounts to be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or remitted to Seller according to the termination terms of the underlying LeaseAgreement, and for any other purpose related to Seller’s prior ownership of the Property.]

Rents. Subject to All lease payments, rentals and other income from the provisions of this Section 7, Rents Property shall be prorated as of the ClosingClosing Date, Seller being charged and credited for all of same up to such date and Buyer being charged and credited for all of same on and after such date. “Rents” No proration shall be made for delinquent rents existing as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with Closing Date. With respect to such delinquent rents, Buyer shall make a reasonable attempt to collect the Propertysame for Seller’s benefit after the Closing Date in the usual course of operation of the Property and such collections, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leasesif any, less any agreed credits due cost of collection and any portion thereof attributable to tenants. Rents are “Delinquent” when they were due any period prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent Closing Date shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected the Seller promptly upon receipt by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, nothing contained herein shall require Buyer to institute any lawsuit or other collection procedures to collect such delinquent rents. All amounts collected from tenants owing delinquent rents shall be applied first to satisfy current rental periods and second to satisfy obligations arising from past rental periods, in inverse order of maturity. Buyer need not attempt to collect rent which is more than six (6) months’ past due. At the Closing, Seller shall not contact pay to Buyer in cash the amount of any such tenant with respect prepaid rents paid to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or Seller by tenants for periods subsequent to the termination of the underlying LeaseClosing Date.

Rents. Subject Buyer shall receive a credit at Closing for all rents collected by Seller prior to the Closing and allocable to the period after Closing. No credit shall be given Seller for accrued and unpaid rent or any other non-current sums due from tenants until said sums are paid, and Seller shall retain the right to collect any such rent provided Seller does not sue to evicx xny tenants or terminate any Tenant Leases. Buyer shall use reasonable efforts after Closing to collect any rent under the Tenant Leases which has accrued as of the Closing; provided, however, Buyer shall not be obligated to sue any tenxxxs or exercise any legal remedies under the Tenant Leases. Any portion of any rents collected subsequent to the Closing Date and properly allocable to periods prior to the Closing Date shall be paid, promptly after receipt, to Seller, but subject to all of the provisions of this Section 7, Rents hereof; and any portion thereof properly allocable to periods on or subsequent to the Closing Date shall be prorated as of the Closingpaid to Buyer. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other All payments payable by collected from tenants after Closing shall first be applied to the landlord under month in which the Leases as reimbursement Closing occurs, then to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, any rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to Buyer for the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and period after Closing will be applied as follows: (i) first, and finally to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing rent due to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, notwithstanding the foregoing, if Seller shall not contact collects any payments from tenants after Closing through its own collection efforts, Seller may first apply such tenant with respect payments to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or rent due Seller for the termination of the underlying Leaseperiod prior to Closing.

Rents. Subject to the provisions of this Section 7, Rents shall be prorated as of the ClosingClos­ing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the ClosingClosing Date, and payment thereof has not been made on or before the date of the ClosingClosing Date. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Lease.

Rents. Subject to the provisions of this Section 7, All collected Rents shall be prorated between Seller and Buyer as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due day prior to the date Closing Date. Seller shall be entitled to all Rents attributable to any period to but not including the Closing Date. Buyer shall be entitled to all Rents attributable to any period on and after the Closing Date. Rents not collected as of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent Closing Date shall not be prorated at the time of Closing. All Rent After Closing, Buyer shall make a good faith effort to collect any Rents not collected by Buyer or Seller from each tenant from as of the Closing Date on Seller’s behalf and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing tender the same to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due upon receipt (which obligation of Buyer shall survive the Closing and not be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its businessmerged therein); provided, however, Seller that all Rents collected by Buyer on or after the Closing Date shall first be applied to all amounts due under the Leases at the time of collection (i.e., current Rents and sums due Buyer as the current owner and landlord) with the balance (if any) payable to Seller, but only to the extent of amounts delinquent and actually due Seller. Buyer shall not contact have an exclusive right to collect the sums due Seller under the Leases and Seller hereby retains its rights to pursue claims against any such tenant under the Leases for sums due with respect to Delinquent Rent periods prior to the Closing Date; provided, however, that Seller (i) shall be required to notify Buyer in writing of its intention to commence or pursue such legal proceedings; and Buyer (ii) shall not be required permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Leaselease. The terms of the immediately preceding sentence shall survive the Closing and not be merged therein.

Rents. Subject to the provisions of this Section 7, a) All collected Rents (as hereinafter defined) shall be prorated between each respective Seller and Buyer as of 12:01 AM on the Closing Date. Each respective Seller shall be entitled to all collected Rents attributable to any period prior to, but not including, the Closing Date. Buyer shall be entitled to all collected Rents attributable to any period on and after the Closing Date. Following Closing through the Survival Period (as hereafter defined), Buyer shall make a good faith effort to collect any Rents not collected as of the Closing. Closing Date on each respective Seller’s behalf (the “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting Arrears”) and to tender the same to such Seller upon receipt (which obligation of operating cost pass-throughs or other payments payable by tenants to Buyer shall survive the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, Closing and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its businessmerged therein); provided, however, Seller that all Rents collected by Buyer on or after the Closing Date shall not contact any first be applied to all amounts due under the Leases at the time of collection (i.e., current Rents and sums due Buyer as the current owner and landlord) with the balance (if any) applied to the Arrears and payable to such tenant with respect Seller, but only to Delinquent Rent the extent of such Arrears are delinquent and actually due to such Seller. Buyer shall not have the exclusive right to collect the Arrears and each respective Seller hereby retains its rights to contact any Tenants in an effort to collect the Arrears or pursue claims against any Tenant for the Arrears; provided, however, that each Seller: (i) shall be required to notify Buyer in writing of its intention to commence or pursue such legal proceedings; (ii) shall only be permitted to commence or pursue any legal proceedings after the date which is sixty (60) days after the Closing Date through the Survival Period, provided, however, if any Seller commences any legal proceeding prior to the expiration of the Survival Period, such Seller shall be permitted to prosecute such legal proceeding to completion; and (iii) shall not be permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Lease.the

Rents. Subject to the provisions of this Section 7, (A) Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases and any Approved Leases, less any agreed credits due to tenants. Rents are “Delinquent” if applicable, shall be prorated as and when they were due collected (whether such collection occurs prior to the date of the Closingto, and payment thereof has not been made on or after the Closing Date). Purchaser shall receive a credit for the amounts actually received by Seller before the date of Closing Date and which pertain to any period after the ClosingClosing Date. Delinquent Rent Purchaser shall not be prorated receive a credit at Closingthe Closing for any rents for the month in which the Closing occurs which are in arrears and have not then been received. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, As to any accrued Rents owing to Buyertenants who are delinquent in the payment of rent on the Closing Date, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer Purchaser shall use reasonable efforts (but shall not be required to commence legal action or terminate or evict a tenant) to collect Delinquent Rents owed or cause to Seller be collected such delinquent rents following the Closing Date. Any and all rents so collected by Purchaser following the Closing shall be successively applied to the payment of (x) rent due and payable in the ordinary course month in which the Closing occurs, (y) rent due and payable in the months succeeding the month in which the Closing occurs (through and including the month in which payment is made) and (z) rent due and payable in the months preceding the month in which the Closing occurs. If all or part of its business; providedany rents or other charges received by Purchaser following the Closing are allocable to Sellers pursuant to the foregoing sentence, however, Seller then such sums shall not contact be promptly paid to Sellers. Sellers reserve the right to pursue any such damages remedy Sellers may have against any tenant with respect to Delinquent Rent such delinquent rents, but shall have no right to exercise any other remedy under a Lease (including, without limitation, termination or eviction) and Buyer shall not be required commence or pursue any legal proceedings action against any a tenant seeking eviction for a period of such tenant or 90 days following the termination of the underlying LeaseClosing Date.

Rents. Subject Buyer shall receive a credit at Closing for all rents collected by Seller prior to the Closing and allocable to the period after Closing. No credit shall be given Seller for accrued and unpaid rent or any other non-current sums due from tenants until said sums are paid, and Seller shall retain the right to collect any such rent provided Seller does not sue to evict any tenants or terminate any Tenant Leases. Buyer sxxxl use reasonable efforts after Closing to collect any rent under the Tenant Leases which has accrued as of the Closing; provided, however, Buyer shall not be obligated to sue any tenants or exercise any legal remedies under the Tenant Xxases. Any portion of any rents collected subsequent to the Closing Date and properly allocable to periods prior to the Closing Date shall be paid, promptly after receipt, to Seller, but subject to all of the provisions of this Section 7, Rents hereof; and any portion thereof properly allocable to periods on or subsequent to the Closing Date shall be prorated as of the Closingpaid to Buyer. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other All payments payable by collected from tenants after Closing shall first be applied to the landlord under month in which the Leases as reimbursement Closing occurs, then to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, any rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to Buyer for the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and period after Closing will be applied as follows: (i) first, and finally to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing rent due to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, notwithstanding the foregoing, if Seller shall not contact collects any payments from tenants after Closing through its own collection efforts, Seller may first apply such tenant with respect payments to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or rent due Seller for the termination of the underlying Leaseperiod prior to Closing.

Rents. Subject (A) Rents payable by tenants under all Leases, shall be ----- prorated as and when collected (whether such collection occurs prior to, on, or after the Closing Date). Buyer shall receive a credit for the amounts actually received before the Closing Date and which pertain to any period after the Closing Date. Buyer shall not receive a credit at the closing for any rents for the month in which the closing occurs which are in arrears and have not then been received. As to any tenants who are delinquent in the payment of rent on the Closing Date, Buyer shall use reasonable efforts (but shall not be required to commence legal action) to collect or cause to be collected such delinquent rents following the Closing Date. Any and all rents so collected by Buyer following the closing (less a deduction for all reasonable collection costs and expenses incurred by Buyer) shall be successively applied (after deduction for Buyer's reasonable collection costs) to the provisions payment of this Section 7(x) rent due and payable in the month in which the closing occurs, Rents (y) rent due and payable in the months succeeding the month in which the closing occurs (through and including the month in which payment is made) and (z) rent due and payable in the months preceding the month in which the closing occurs. If all or part of any rents or other charges received by Buyer following the closing are allocable to Seller pursuant to the foregoing sentence, then such sums shall be promptly paid to Seller. Seller reserves the right to pursue any damages remedy Seller may have against any tenant with respect to such delinquent rents, but shall have no right to exercise any other remedy under the Lease (including, without limitation, termination or eviction). Any tenant payments under Leases, including, without limitation, percentage rent, escalation charges for real estate taxes, parking charges, operating and maintenance expenses, escalation rents or charges, electricity charges, cost of living increases or any other charges of a similar nature, other than fixed or base rent under the Leases (collectively, the "Additional Rents"), shall be prorated as of the ClosingClosing Date between Buyer and Seller as soon as is practicable after accurate information becomes available and in any event within 180 days following the Closing Date. “Rents” Prior to the Closing Date, Seller shall provide Buyer with information regarding Additional Rents which were received by Seller prior to closing and the amount of reimbursable expenses paid by Seller prior to closing. Upon reasonable notice and during normal business hours, each party shall make available to the other all information reasonably required to complete a reconciliation (the "Reconciliation") for purposes of the proration of the Additional Rents as used herein includes fixed monthly rentals, additional rentals, soon as is practicable after accurate information becomes available and in any additional rental consisting event within 180 days following the Closing Date. In the event of operating cost pass-throughs or other payments payable any overpayment of Additional Rents by the tenants to Seller, Seller shall promptly, but in no event later than fifteen (15) days after receipt of the Reconciliation, pay to Buyer the amount of such overpayment and Buyer, as the landlord under the Leases as reimbursement Leases, shall pay or credit to each applicable tenant the landlord for costs incurred amount of such overpayment. In the event of an underpayment of Additional Rents by the landlord with respect tenants to Seller, Buyer shall pay to Seller the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under amount of such underpayment within fifteen (15) days following Buyer's receipt of any such amounts from the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to The provisions of this paragraph shall survive the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Leaseclosing.

Rents. Subject to the provisions of this Section 7Rents (including, Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentalswithout limitation, estimated 9pass-through payments, payments for 1998 common area maintenance reconciliations and all additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing(collectively, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i"Rents")) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer prior to Closing shall be promptly remitted to Buyerprorated as of the Closing Date. Buyer During the period after Closing, Purchaser shall use reasonable efforts to collect Delinquent Rents owed deliver to Seller in any and all Rents accrued but uncollected as of the ordinary course of its businessClosing Date to the extent subsequently collected by Purchaser; provided, however, Purchaser shall apply Rents received after Closing first to payment of current Rent then due, and thereafter to delinquent Rents (other than "true up" payments received from tenants attributable to a year-end reconciliation of actual and budgeted pass-through payments which shall be allocated among Seller and Purchaser pro rata in accordance with their respective period of ownership as set forth in Section 4.2.5 below). Seller shall not contact any such tenant with respect have the right, after Closing, to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings proceed against any tenant seeking eviction tenants for delinquent Rents allocable to the period of such tenant or the termination Seller's ownership of the underlying Lease.Property; provided, however, that Seller shall have no right to seek to evict or dispossess tenants or to terminate their respective leases. Purchaser agrees that it shall use commercially reasonable efforts to collect all pass-through rents payable by tenants and any delinquent Rents (provided, however, that Purchaser shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent

Rents. Subject to the provisions of this Section 7Rent, Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentalsarrearages, additional rentals, any additional rental consisting of operating cost pass-throughs and other additional rent or other payments charges payable by tenants to the landlord under the Leases (hereinafter, collectively "Rent") and prepaid rent under the Leases shall be apportioned as reimbursement of the Closing Date, to the landlord extent then paid, based on the actual number of days in the month or other applicable period during which the Closing occurs. Security deposits shall be considered a credit to Buyer for costs incurred by closing settlement purposes. Buyer shall exercise commercially reasonable efforts to collect for the landlord with respect to account of Seller any Rent payable for the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due periods prior to the date of Closing; provided that Buyer shall have no obligation to initiate litigation with respect thereto. With respect to any Rent arrearages existing under the Leases or operating cost pass-throughs billed by or paid to Buyer after Closing, Buyer promptly shall pay to Seller any amounts actually collected which are applicable to the period preceding the Closing Date. Unless the Tenant designates otherwise, all Rent received by Buyer after Closing shall be first applied to unpaid Rent that has accrued after the Closing, and payment thereof has then to unpaid Rent that accrued prior to the Closing Date. Seller shall not been made on or before the date of invoice Tenants directly after the Closing. Delinquent Rent , but shall not be prorated at Closing. All Rent collected by work through Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to collect any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller rents for the period prior to Closing. Any Rent collected by Closing and Buyer and due Seller will be promptly remitted to shall cooperate with such efforts of Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue to initiate any legal proceedings against action to recover any tenant seeking eviction Rent payable for period prior to Closing, but shall join in action initiated by Seller to the extent reasonably necessary to obtain the relief sought, at Seller's cost. Percentage rents and CAM shall be deemed to accrue evenly over a given period based on the number of such tenant or the termination of the underlying Leasedays elapsed.

Rents. Subject If any rents under any of the leases for space at the Property shall be accrued and unpaid at the Closing Date, the rents collected by Buyer on or after the Closing Date shall first be applied to rents due at the time of such collection on or after the Closing Date (unless the Closing occurs on or prior to the provisions fifth day of this Section 7a calendar month, Rents in which case prior to such application, the rents shall first be applied to the month of Closing and prorated between Seller and Buyer), with the balance payable to the Seller to the extent of rents delinquent as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Date; provided that Buyer shall use commercially reasonable diligent efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; providedany delinquent rents, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer but shall not be required commence to institute any proceeding or pursue incur any legal material out-of-pocket costs to collect any rents accrued and unpaid on the Closing Date. Seller, at its sole cost, shall be entitled to bring such actions or proceedings against tenants provided that such actions do not affect such tenant's possession. The parties hereby acknowledge that circumstances related to the COVID-19 outbreak, including, without limitation, restrictions imposed under COVID-19 Orders (as defined below), may adversely affect the ability to collect rent due under the leases affecting the Property, including, any tenant seeking eviction delinquent rents (whether prior to or following the Closing), and Buyer hereby acknowledges and agrees, that Seller makes no guaranties in connection with the collection of such tenant rent (whether prior to or following the termination Closing), including, without limitation, as a result of the underlying LeaseCOVID-19 pandemic. By proceeding to the Closing, Buyer assumes the risk that applicable COVID-19 Orders could affect Buyer’s ability to collect, or exercise remedies to collect, rent due under the leases.

Rents. Subject All fixed and, except as set forth in Section 8D(3), additional rentals under the Tenant Leases and other tenant charges received by Seller prior to the provisions of this Section 7, Rents Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period from and after the Closing Date. Notwithstanding the foregoing, Seller shall receive a credit at Closing for any accrued but unpaid rent or other amounts due to the “Lessor” under the Tenant Leases as of the ClosingClosing Date, subject to any set-off rights or defenses thereunder. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting Seller shall deliver or provide a credit in an amount equal to Buyer's share of operating cost pass-throughs or other payments payable by tenants all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the landlord under extent the Leases as reimbursement to foregoing are not properly applied or forfeited and the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due Tenant Lease terminated prior to the date of Closing Date) to Buyer on the Closing Date. At Closing, and payment thereof has not been made on Seller shall deliver or before cause the date delivery to Buyer of any security deposits under the ClosingTenant Leases which are held in the form of letters of credit. Delinquent Rent Notwithstanding anything to the contrary contained herein, Seller shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: (i) first, retain all rights relating to any accrued Rents owing rents or other amounts of any kind owed by the tenant under the Tenant Leases applicable to Buyer, and any period (iior portion thereof) second to Delinquent Rents owing to Seller for the period occurring prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Lease.

Rents. Subject Sellers shall be entitled to receive and retain all Rents attributable to any period prior to the provisions of this Section 7Closing Date, Rents and Purchaser shall be prorated entitled to receive and retain all Rents attributable to the period beginning on and following the Closing Date. There shall be no credits to Purchaser or Sellers for Rents delinquent as of the Closing Date. After Closing. “Rents” , Purchaser shall make a good faith, reasonable effort to collect any Rents due but not collected as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made Closing Date on or before the date of the Closing. Delinquent Rent shall not be prorated at Closing. All Rent collected by Buyer or Seller from each tenant from and after Closing will be applied as follows: Sellers’ behalf (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Buyer shall be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer Purchaser shall not be required obligated to commence or pursue any legal proceedings against any tenant seeking eviction in connection with such effort). If Purchaser so collects such Rents, Purchaser shall tender the portion of such tenant or same applicable to the termination period prior to the Closing Date to the applicable Seller upon receipt (which obligation of the underlying LeasePurchaser shall survive the Closing and not be merged therein) provided all Rents collected after the Closing Date shall be applied to all amounts due under the Leases at the time of collection in inverse order of maturity. If Sellers receive Rents following the Closing Date, they shall be tendered to Purchaser upon receipt (which obligation of Sellers shall survive the Closing and not be merged therein). From and after the Closing Date, Purchaser shall have the exclusive right to collect the sums due under the Leases, and each Seller hereby waives its rights to pursue any tenant under the applicable Leases for sums due such Seller for periods attributable to such Seller’s ownership of the Rental Property.

Rents. Subject to the provisions of this Section 7, (A) Rents shall be prorated as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the LeasesLeases shall be prorated as and when collected (whether such collection occurs prior to, less any agreed credits due to tenantson, or after the Closing Date). Rents are “Delinquent” when they were due prior to Buyer shall receive a credit for the date of the Closing, and payment thereof has not been made on or amounts actually received before the date Closing Date and which pertain to any period after the Closing Date. Buyer shall not receive a credit at the Closing for any rents for the month in which the Closing occurs which are in arrears and have not then been received. As to any tenants who are delinquent in the payment of rent on the Closing. Delinquent Rent Closing Date, Buyer shall use reasonable efforts (but shall not be prorated at Closingrequired to commence legal action or terminate or evict a tenant) to collect or cause to be collected such delinquent rents following the Closing Date. All Rent Any and all rents so collected by Buyer or Seller from each tenant from following the Closing (less a deduction for all reasonable collection costs and expenses incurred by Buyer) shall be successively applied (after deduction for Buyer's reasonable collection costs) to the payment of (x) rent due and payable in the month in which the Closing will be applied as follows: occurs, (iy) first, to any accrued Rents owing to Buyer, rent due and payable in the months succeeding the month in which the Closing occurs (through and including the month in which payment is made) and (iiz) second to Delinquent Rents owing to Seller for rent due and payable in the period prior to Closingmonths preceding the month in which the Closing occurs. Any Rent collected If all or part of any rents or other charges received by Buyer and due Seller will be promptly remitted following the Closing are allocable to Seller. Any Rent collected by Seller and due Buyer Sellers pursuant to the foregoing sentence, then such sums shall be promptly remitted paid to BuyerSellers. Buyer shall use reasonable efforts Sellers reserve the right to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, Seller shall not contact pursue any such damages remedy Sellers may have against any tenant with respect to Delinquent Rent such delinquent rents, but shall have no right to exercise any other remedy under the Lease (including, without limitation, termination or eviction) and Buyer shall not be required commence or pursue any legal proceedings action against any a tenant seeking eviction for a period of such tenant or 90 days following the termination of the underlying LeaseClosing Date.

Rents. Subject to the provisions of this Section 7, All collected Rents shall be prorated between Seller and Buyer as of 12:01 a.m. on the Closing Date. Seller shall be entitled to all Rents attributable to any period prior to but not including the Closing Date. Buyer shall be entitled to all Rents attributable to any period on and after the Closing Date. Rents not collected as of the Closing. “Rents” as used herein includes fixed monthly rentals, additional rentals, any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due prior to the date of the Closing, and payment thereof has not been made on or before the date of the Closing. Delinquent Rent Closing Date shall not be prorated at the time of Closing. All Rent After Closing, Buyer shall make a good faith effort to collect any Rents not collected by Buyer or Seller from each tenant from as of the Closing Date on Seller’s behalf and after Closing will be applied as follows: (i) first, to any accrued Rents owing to Buyer, and (ii) second to Delinquent Rents owing tender the same to Seller for the period prior to Closing. Any Rent collected by Buyer and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due upon receipt (which obligation of Buyer shall survive the Closing and not be promptly remitted to Buyer. Buyer shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its businessmerged therein); provided, however, Seller that all Rents collected by Buyer on or after the Closing Date shall first be applied to all amounts due under the Leases at the time of collection (i.e., current Rents and sums due Buyer as the current owner and landlord) with the balance (if any) payable to Seller, but only to the extent of amounts delinquent and actually due Seller, net of reasonable related third party collection costs incurred by Buyer. Buyer shall not contact have an exclusive right to collect the sums due Seller under the Leases and Seller hereby retains its rights to pursue claims against any such tenant under the Leases for sums due with respect to Delinquent Rent periods prior to the Closing Date; provided, however, that Seller (i) shall be required to notify Buyer in writing of its intention to commence or pursue such legal proceedings; (ii) shall only be permitted to commence or pursue any legal proceedings with Buyer’s consent; and Buyer (iii) shall not be required permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Leaselease. The terms of the immediately preceding sentence shall survive the Closing and not be merged therein.

Rents. Subject to the provisions of this Section 7, Rents Collected rents shall be prorated as of the Closingprorated. “Rents” as used herein includes fixed monthly rentals, additional rentals, Seller shall not receive any additional rental consisting of operating cost pass-throughs or other payments payable by tenants to the landlord under the Leases as reimbursement to the landlord proration credit for costs incurred by the landlord with respect to the Property, percentage rentals, escalation rentals, retroactive rentals, rent tax, rents accrued and other sums and charges payable by tenants under the Leases, less any agreed credits due to tenants. Rents are “Delinquent” when they were due delinquent for months prior to the date of the ClosingProration Date, until such rent is collected and payment thereof has not been made on or before the date of the Closing. Delinquent Rent shall not be prorated at Closingany other rent due is paid. All Rent collected by Buyer or Seller from each tenant from and rentals received after Closing will the Proration Date shall be applied as follows: (i) applied, first, to any accrued Rents owing to Buyercurrent and, and (ii) second to Delinquent Rents owing to Seller for then, delinquent obligations, the period prior to Closing. Any Rent collected by Buyer and due Seller will latter of which shall be promptly remitted paid to Seller. Any Rent collected by Seller and due Buyer ; provided, however, nothing herein shall be promptly remitted operate to Buyer. Buyer require Purchaser to institute a lawsuit to recover such amounts but Purchaser shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, delinquent amounts. Seller shall not contact any such tenant with respect to Delinquent Rent and Buyer be charged for uncollected rent for the month within which the Proration Date shall not be required commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or occur, it being the termination intent of the underlying Leaseparties to prorate only the rents that have been collected at such date. Any delinquent rents for periods prior to the Proration Date and a prorated portion of rents for the month uncollected as of the Proration Date which are collected by Purchaser and which are not necessary to bring a tenant current as described above shall be forwarded to Seller. Seller shall have the right to inspect and make copies of Purchaser's records relating to the collection of rent in order to verify that Purchaser has remitted Seller's share of any delinquent rent.