Common use of Leasing Commissions Clause in Contracts

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to the Management Agreement at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty (30) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Kite Realty Group Trust), Purchase and Sale Agreement (Kite Realty Group Trust)

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Leasing Commissions. To Seller’s knowledgeIn exchange for leasing services to be provided by Manager pursuant to the terms of this Agreement, the applicable Property Owner shall pay to Manager: (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing six percent (6%) of base rent for payments the first one hundred twenty (120) months of any amounts the initial term for leasing activities or procuring tenants with respect to the new Leases procured for such Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”)Owner's Property by Manager and expansions of existing leases at such Property, and (ii) there are no agreements currently in effect relating to three percent (3%) of base rent for the management and leasing first one hundred twenty (120) months of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”"Leasing Commission"). If, however, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); and provided, further, that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements if Manager and the Management Agreementapplicable Property Owner are unable to so agree, as of then the date hereof and at the Closing have been or foregoing schedule shall be paid in full; and that Seller shall deliver termination notices with regard used to determine the Management Agreement at Closing (unless Purchaser elects Leasing Commission due to assume such Management Agreement) at no cost to PurchaserManager. Notwithstanding the foregoing, or anything to the contrary contained herein, Purchaser (a) Manager shall be responsible for paying the payment fee of all any broker from the commission due to Manager pursuant to the foregoing (i.e. the leasing commissions payable commission earned by Manager will be reduced by any amounts owed to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for (A) any new leases leases, lease expansions or lease renewals entered into after by a Property Owner following the Effective Date that have been approved (expiration of the Term, whether or not Manager would customarily be deemed approved) by Purchaserto be the procuring cause of such new lease, and (B) the lease expansion or lease renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser unless within thirty (30) days after the Closing Date with expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or prospective potentials tenants listed with whom Manager engaged in item IV substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of EXHIBIT “C” hereto and approved expiration or termination of the Term, so long as the Agreement was not terminated by PurchaserProperty Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or termination.

Appears in 2 contracts

Samples: Property Management Agreement (Strategic Realty Trust, Inc.), Property Management Agreement (Strategic Realty Trust, Inc.)

Leasing Commissions. To Seller’s knowledgeSeller shall pay all leasing commissions payable under Leases executed prior to November 14, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing 1996 except for payments commissions payable by reason of any amounts for leasing activities expansion, extension or procuring tenants with respect renewal of such Leases (to the Property extent such expansions, extensions or renewals are pursuant to option rights expressly set forth in such Leases as of November 14, 1996) occurring on or after the date hereof which shall be paid by Buyer. A summary of the business terms of any portion amendment, renewal or portions thereof other than as disclosed in EXHIBIT “C” attached hereto expansion of an existing Lease (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating unless such renewal or expansion is pursuant to the management terms (existing as of November 14, 1996) of an existing Lease, in which case Seller and leasing Buyer agree that any such renewal or expansion shall be effective upon the valid exercise by a tenant pursuant to the terms of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); any such existing Lease and that any such renewals or expansions are hereby deemed approved by Buyer) or of any new Lease which Seller wishes to execute between November 14, 1996 and the Date of Closing will be submitted to Buyer prior to execution by Seller. Buyer agrees to notify Seller in writing within five (5) business days after its receipt thereof of either its approval or disapproval thereof, including all leasing commissions, brokerage fees tenant improvement and management fees accrued inducement payments to be incurred in connection therewith. In the event Buyer informs Seller within such five (5) business day period that Buyer does not approve the amendment, renewal or due and payable under the Commission Agreements and the Management Agreement, as expansion of the date hereof and at existing Lease or the Closing new Lease, which approval shall not be unreasonably withheld, Seller shall have been the right to terminate this Agreement by written notice thereof to Buyer within five (5) business days after Seller's receipt of written notice of Buyer's disapproval thereof, or Seller shall not proceed with such amendment, renewal or expansion of the existing Lease or new Lease. In the event Buyer fails to notify Seller in writing of its approval or disapproval within the five (5) business day period set forth above, Buyer shall be paid in full; and that Seller shall deliver termination notices with regard deemed to the Management Agreement at Closing (unless Purchaser elects to assume have approved such Management Agreement) at no cost to Purchasernew Lease, amendment, renewal or expansion. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all All leasing commissions payable for (A) and tenant improvement costs with respect to any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchasersuch amendment, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised new lease approved or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty (30) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and deemed approved by PurchaserBuyer as set forth above in this Section 9.2 shall be the obligation of Buyer.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Corporate Realty Income Fund I L P)

Leasing Commissions. To Seller’s 's knowledge, (i) there are no ------------------- lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT "C" attached hereto (the "Commission Agreements"), --------------------- and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT "C" (the "Management Agreement"); and that all leasing commissions, brokerage fees and -------------------- management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty three (303) days months after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT "C" hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund I)

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that . At Closing, Seller shall deliver termination notices with regard to terminate the Management Agreement at Closing (unless Purchaser elects as to assume such Management Agreement) the Property at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ninety (3090) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser; provided, however, with respect to the relocation of Xxxxxx Communication to a new location within the Property and the expansion of Prudential Carolina into the adjacent space, Seller shall be responsible for all leasing commissions, tenant improvement costs or other costs or expenses related thereto in the amount not to exceed Twenty Six Thousand Two Hundred Seventy Six and 83/100 Dollars ($26,276.83) (the “Tenant Relocation and Expansion Funds”). In the event the Tenant Relocation and Expansion Funds have not been paid by Seller prior to Closing, the Tenant Relocation and Expansion Funds shall be delivered by Seller into escrow with the Escrow Agent at Closing subject to an escrow agreement in the form attached hereto as EXHIBIT “L” entered into at Closing. In the event that Purchaser has (i) not entered into lease amendments related to the relocation of Xxxxxx Communication or the expansion of Prudential Carolina within ninety (90) days after Closing, or (ii) not incurred the costs related to the relocation of Xxxxxx Communication or the expansion of Prudential Carolina into the adjacent space within ninety (90) days after Closing, or (iii) if the actual leasing commissions and tenant improvement costs for the relocation of Xxxxxx Communication or the expansion of Prudential Carolina are less than the Tenant Relocation and Expansion Funds, any Tenant Relocation and Expansion Funds remaining in escrow shall be refunded to Seller upon the written request to the Escrow Agent signed by both Seller and Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Vi L P)

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that upon the written request of Purchaser, Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ten (3010) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Iv L P)

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to the Management Agreement at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty (30) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Kite Realty Group Trust)

Leasing Commissions. To Seller’s knowledgeAs of January 5, 2001, (i) to Seller's ------------------- knowledge, there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “Exhibit "C" attached hereto (the "Commission Agreements"), (ii) Seller has not executed and delivered any lease --------------------- brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants which remain in effect with respect to the Property except as set forth on Exhibit "C" hereto, and (iiiii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “Exhibit "C" (the "Management Agreement"); and that all . All leasing commissions, -------------------- brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to terminate the Management Agreement at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date January 5, 2001 that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date January 5, 2001 and exercised or effected after the Effective DateJanuary 5, 2001, and (C) those Leases and those renewals, expansions or extensions listed in item V of Exhibit "C" hereto; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ninety (3090) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “Exhibit "C” hereto ", plus any prospective new tenants with whom substantive discussions for a new lease are first held after the date hereof and approved any existing tenants with whom substantive discussions for the renewal, expansion or extension of existing Leases are first held after the date hereof, provided that negotiations shall be underway at the time of Closing and evidenced by Purchasera written proposal made to such new or existing tenant or a signed letter of intent or some equivalent written agreement in principle.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Overseas Partners LTD)

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Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management AgreementAgreement ”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that upon the written request of Purchaser, Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall 36 be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ninety (3090) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Iii L P)

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that upon the written request of Purchaser, Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ninety (3090) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund I)

Leasing Commissions. To Seller’s 's knowledge, (i) there are no lease ------------------- brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than commissions payable to an affiliate of Seller, Xxxxx Management Company, Inc. ("Xxxxx Management"), pursuant to an oral agreement with the Seller and which shall be fully paid and satisfied in full prior to the Closing and as disclosed in EXHIBIT “Exhibit "C" attached hereto (the "Commission Agreements"), and (ii) --------------------- there are no agreements currently in effect relating to the management and leasing of the Property other than oral agreements between Seller and Xxxxx Management, which shall be of no further force and effect as of the date of Closing and which shall be fully paid and satisfied as of the date of Closing and as disclosed on said EXHIBIT “Exhibit "C" (the "Management Agreement"); and that all -------------------- leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty (30) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund I)

Leasing Commissions. To Seller’s knowledgeIn exchange for leasing services to be provided by Manager pursuant to the terms of this Agreement, the applicable Property Owner shall pay to Manager: (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing six percent (6%) of base rent for payments the first one hundred twenty (120) months of any amounts the initial term for leasing activities or procuring tenants with respect to the new Leases procured for such Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”)Owner’s Property by Manager and expansions of existing leases at such Property, and (ii) there are no agreements currently in effect relating to three percent (3%) of base rent for the management and leasing first one hundred twenty (120) months of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the “Management AgreementLeasing Commission”). If, however, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; and provided, that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements same is agreed to in writing in advance by both Manager and the Management Agreementapplicable Property Owner (which agreement shall require the approval of GAP); provided, as of further, that if Manager and the date hereof and at applicable Property Owner are unable to so agree, then the Closing have been or foregoing schedule shall be paid in full; and that Seller shall deliver termination notices with regard used to determine the Management Agreement at Closing (unless Purchaser elects Leasing Commission due to assume such Management Agreement) at no cost to PurchaserManager. Notwithstanding the foregoing, or anything to the contrary contained herein, Purchaser (a) Manager shall be responsible for paying the payment fee of all any cooperating broker from the commission due to Manager pursuant to the foregoing (i.e. the leasing commissions payable commission earned by Manager will be reduced by any amounts owed to any cooperating broker) and (b) in no event will Manager be entitled to any Leasing Commission for (A) any new leases leases, lease expansions or lease renewals entered into after by a Property Owner following the Effective Date that have been approved (expiration of the Term, whether or not Manager would customarily be deemed approved) by Purchaserto be the procuring cause of such new lease, and (B) the lease expansion or lease renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser unless within thirty (30) days after the Closing Date with expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or prospective potentials tenants listed with whom Manager engaged in item IV substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of EXHIBIT “C” hereto and approved expiration or termination of the Term, so long as the Agreement was not terminated by PurchaserProperty Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or termination.

Appears in 1 contract

Samples: Property Management Agreement (Strategic Realty Trust, Inc.)

Leasing Commissions. To Seller’s knowledge, (i) there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (the “Commission Agreements”), and (ii) there are no agreements currently in effect relating to the management and leasing of the Property other than as disclosed on said EXHIBIT “C” (the “Management Agreement”); and that all leasing commissions, brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, as of the date hereof and at the Closing have been or shall be paid in full; and that Seller shall deliver termination notices with regard to terminate the Management Agreement as to the Property at Closing (unless Purchaser elects to assume such Management Agreement) at no cost to Purchaser. Notwithstanding anything to the contrary contained herein, Purchaser shall be responsible for the payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date, ; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into (or expansions, renewals or extensions effected) by Purchaser within thirty ninety (3090) days after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Fund Iii L P)

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