Operational Contracts definition
Examples of Operational Contracts in a sentence
If Seller enters into any Operational Contracts with respect to the Property pursuant to the foregoing, Seller shall comply with all of its obligations under such Operational Contracts and Seller such cause such Operational Contracts to be terminated by the Closing Date unless Purchaser elects otherwise in its sole discretion (in which case, any such Operational Contracts shall be assigned to and assumed by Purchaser at Closing to the extent assignable).
Except for the prorations expressly provided for in this Article 10 or otherwise provided under this Agreement, Seller shall be solely responsible for all expenses relating to the Property as of the Closing Date or otherwise relating to Seller’s period of ownership of the Property (including, but not limited to, utility charges and costs under any Operational Contracts).
All Tangible Personal Property -------------------------- (other than those covered by the Operational Contracts) and all Supply Inventories have been fully paid for and are owned by Seller free and clear of all liens and encumbrances.
Within three (3) business days after the Escrow Opening Date, Seller shall attach a detailed and itemized list of all items requested and delivered pursuant to the heading "Operational Contracts" of the Due Diligence Request List (collectively, the "Contracts") as EXHIBIT C, which is incorporated herein by reference.
Subject to Section 4 hereof, Seller shall, at Closing, ---------- assign and transfer to Buyer, and Buyer shall assume and agree to perform all Operational Contracts pursuant to the Assignment and Assumption of Operational Contracts.
The Sellers have provided true, complete and accurate copies of all Operational Contracts to the Purchaser.
To the extent that the terms and provisions of this Agreement are in conflict with or are inconsistent with the terms and provisions of the Assignment and Assumption of Leases and Security Deposits, Assignment and Assumption of Operational Contracts, Assignment and Assumption of Intangible Personal Property, the terms and provisions of this Agreement shall control, notwithstanding that the previously enumerated closing documents were executed and delivered after the Effective Date of this Agreement.
To the extent any Operational Contract exists which is not included on the Schedule of Operational Contracts, Buyer shall have no obligation to assume the liability for such omitted Operational Contract.
The Company will not incur any liabilities due to its breach of or failure to perform under any Operational Contract during the Transition Period; the Operational Contracts do not include any exclusive, non-competition or restriction provisions limiting or preventing the Company in any aspects from conducting its business as presently conducted or entering into agreement with any third party on terms and conditions desired by the Company.