Rents All fixed and additional rentals under the Space Leases and other tenant charges, in each case as and when actually received, shall be prorated as of the Cut Off Time. Seller shall deliver or provide a credit to Purchaser in an amount equal to all prepaid rents for periods after the Closing Date. Rents which are delinquent as of the Closing Date shall not be prorated on the Closing Date and Seller shall retain the right to pursue the collection of such delinquent rents; provided that in connection with such efforts Seller shall have no right to terminate any Space Lease or to initiate any eviction proceeding against the applicable tenant thereunder. To the extent Purchaser receives rents (including operating expense, tax and insurance charges payable by a Space Lessee) on or after the Closing Date that such Space Lessee designates are payable as delinquent rents for any period prior to the Closing Date, Purchaser shall promptly deliver such amounts to Seller. Purchaser shall use good faith efforts (at no cost to Purchaser) to collect any such delinquent rents. Any percentage rents under Space Leases shall be prorated on the basis of the ratio of the number of days expired before Closing to the number of days after Closing. In the event that the proration of operating expenses, taxes, insurance charges and/or percentage rent cannot be fully prorated because of the unavailability of information then such proration will be tentatively prorated on the best available information and Seller and Purchaser will make the appropriate final adjustments within ninety (90) days following the end of the calendar year in which the Closing occurs. All such adjustments will be paid in cash to the party entitled thereto. All security deposits shall be transferred to Purchaser or credited against the Purchase Price and all obligations with respect to such security deposits shall be assumed by Purchaser.
Rentals Rentals and any other charges receivable (including expenses incurred pursuant to said Leases) under the Leases in effect at Closing, as evidenced by the Updated Rent Roll (except as otherwise provided herein), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leases.
Services by Landlord So long as Tenant is not in default under this Lease, and subject to the conditions and standards contained in this Lease and to standards, limitations and guidelines imposed by governmental authorities and utility companies, Landlord will furnish or cause to be furnished, while Tenant is occupying the Premises, the following services and utilities: (a) Water at the normal temperature of the supply of water to the Building for lavatory and drinking purposes, through fixtures installed by Landlord or by Tenant with Landlord's consent; including office trash removal trail the Premises (b) Janitorial cleaning services including office trash removal from the Premises to those portions of the Premises used solely for office purposes, five (5) days per week (except on holidays observed by the Building), in accordance with the standards of service provided to other tenants in the Building; (c) Heated and refrigerated air conditioning, at such temperatures and in such quantities as Landlord determines are reasonably necessary for the reasonably comfortable use and occupancy of the Premises for general office purposes; current hours of service extend from 7:00 am to 7:00 pm every day and may only be amended upon 30 day written notice to Tenant; (d) Routine maintenance in the Common Areas; (e) Electric current to the Premises for Building standard office lighting and office machines that consume electric current within the limits set forth in Section 5.3(.))(1); (f) Twenty-four (24) hour, non-exclusive. passenger elevator service and. when scheduled through the Building management. non-exclusive freight elevator service to the floors) on which the Premises are located; and (g) Replacement of Building standard light bulbs, and fluorescent tubes in the Premises. Landlord is in no event responsible for the removal from the Premises of medical waste of any nature or of any contaminated or otherwise environmentally sensitive materials.
TENANT FEES Owner agrees that the Agent may receive and keep fees and charges from tenants for: Requesting an assignment of lease or sublease of the Property; Processing rental applications for credit and background checks; Returned (NSF) checks; Late payments; and Any other services that are not in conflict with this Agreement.
Payment By Landlord; Interest Upon a Default by Tenant hereunder, Landlord may, without waiving or releasing any obligation of Tenant hereunder, make such payment or perform such act. All sums so paid or incurred by Landlord, together with interest thereon, from the date such sums were paid or incurred, at the annual rate equal to 12% per annum or the highest rate permitted by law (the “Default Rate”), whichever is less, shall be payable to Landlord on demand as Additional Rent. Nothing herein shall be construed to create or impose a duty on Landlord to mitigate any damages resulting from Tenant’s Default hereunder.