Common use of Service and Maintenance Contracts Clause in Contracts

Service and Maintenance Contracts. Seller represents and warrants to Buyer that (a) attached hereto as Exhibit G is a list of all service and maintenance contracts applicable to the Property, and (b) true, correct and complete copies of such contracts have been provided to Buyer (the "Service Contracts"). On or before March 15, 2003 Buyer shall identify to Seller which of such contracts Buyer desires to assume and which of such contracts Buyer desires, if possible, to have terminated prior to Closing. Without being obligated to incur any liability, Seller shall use diligent efforts to have terminated prior to Closing or as soon thereafter as may be effected in accordance with the terms thereof, all Service Contracts that Buyer identifies for termination. As part of the Assumed Property Liabilities, the Buyer shall assume the obligations under all Service Contracts which (i) Buyer does not identify for termination and (ii) even if so identified, nevertheless cannot be terminated prior to Closing in accordance with their terms (collectively the "Assumed Service Contracts"). Notwithstanding the foregoing, Seller shall terminate all Service Contracts with a Seller Affiliate at Seller's sole cost and expense, and no such Service Contract shall be or become an Assumed Service Contract.

Service and Maintenance Contracts. Seller represents and warrants to Buyer that (a) attached hereto as Exhibit G is a list of all service and maintenance contracts applicable to the PropertyProperty Assets, and (b) true, correct and complete copies of such contracts have been provided to Buyer (the "Service Contracts"). On or before March 15, 2003 2003, Buyer shall identify to Seller which of such contracts Buyer desires to assume and which of such contracts Buyer desires, if possible, to have terminated prior to Closing. Without being obligated to incur any liability, Seller shall use diligent efforts to have terminated prior to Closing or as soon thereafter as may be effected in accordance with the terms thereof, all Service Contracts that Buyer identifies for termination. As part of the Assumed Property Liabilities, the Buyer shall assume the obligations under all Service Contracts which (i) Buyer does not identify for termination and (ii) even if so identified, nevertheless cannot be terminated prior to Closing in accordance with their terms (collectively the "Assumed Service Contracts"). Notwithstanding the foregoing, Seller shall terminate all Service Contracts with a Seller Affiliate at Seller's sole cost and expense, and no such Service Contract shall be or become an Assumed Service Contract.