Identified Property definition
Examples of Identified Property in a sentence
Within 10 business days after Tenant’s receipt of the Pending Deal Notice, Tenant shall have the right to elect (“RFR Purchase Option”) to purchase the Project or the portion thereof identified in the Pending Deal Notice (as applicable, the “Identified Property”), subject to the terms set forth in the Pending Deal Notice by delivering to Landlord written notice (the “Pending Deal Acceptance”) of Tenant’s election to purchase the Identified Property.
Nothing contained in this Section 41 shall excuse Tenant from any of its obligations under this Lease prior to the date that the Identified Property is conveyed to Tenant or from any obligation that survives the expiration or earlier termination of this Lease with respect to the Identified Property.
Except with respect to the pathway from the Contributed Property to the Bridge, Third Party shall not be entitled to make any modifications, improvements or alterations to the Identified Property.
Third Party agrees to pay Company fifty percent (50%) of all (i) capital improvement costs, and (ii) ordinary and necessary maintenance expenses, in each case incurred by Company in the improvement, maintenance, upkeep and repair of the Identified Property (the “Maintenance and Improvement Fee”).
For and in consideration of the Maintenance and Improvement Fee and upon the other terms and conditions set forth therein, Company hereby grants to Third Party non-exclusive access for the owner of the Contributed Property, its successors-in-title and their respective tenants, guests and invitees (the “Permitted Users”), to access and use the Identified Property, and Third Party hereby accepts from Company this Agreement, upon the terms and conditions hereof.
The financing of an Identified Property prior to a redemption, the coordination of any guaranties or similar arrangements necessary to address the tax protection needs of the In-Kind Redeeming Preferred Partners, and the negotiation, if necessary, of the purchase and sale contract relating to the properties, shall be arranged for and coordinated by the Preferred Partner Representative.
The obligations of the Parties hereunder relating to the Identified Property shall be covenants running with the land and shall be binding upon the owner of the TP Property and the owner of the Contributed Property and their successors-in-title.
For purposes of this Section, the Net Sales Proceeds for an Identified Property shall be equal to the amount of sales proceeds distributed at the close of escrow of the sale of the Identified Property in exchange for a release from ▇▇ ▇▇▇▇▇▇ of the JPMorgan Deed of Trust from the Identified Property as set forth in the final closing statement prepared by the title company at the close of escrow for the sale of the Identified Property.
Notwithstanding anything to the contrary herein and during the term hereof, Third Party shall be required to maintain, repair and improve, at Third Party’s own cost and expense, such portion of the path from the Contributed Property to the Bridge as is located within the Identified Property.
Third Party warrants and represents that it previously inspected, and will continue on a regular basis, to inspect, the Identified Property, and its condition in accordance with industry standards during the Access Period.