Common use of AGREEMENT OF SALE Clause in Contracts

AGREEMENT OF SALE. 1.1 Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller that certain real property (the “Land”) with street address of 200 & 000 Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxxxxx, and more particularly described in attached Exhibit A, together with Seller’s right, title and interest in the following, which together with the Land, shall be termed the “Property” herein: (a) the approximately 461,263 square foot office project located at 200 & 000 Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxxxxx and all fixtures and other improvements located upon the Land (collectively, the “Improvements”); (b) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits of Seller belonging to or in any way related to the Land, and the Improvements, including water rights, mineral rights, air rights and development rights, if any (together with the Land and Improvements, the “Real Property”); (c) all fixtures, furnishings, equipment and other tangible personal property owned by Seller that are used for the operation of the Property and that are located on the Property or that are used exclusively for the operation of the Property (the “Personal Property”); (d) the Leases and Service Contracts (as such terms are hereinafter defined) and all security deposits held by Seller with respect to the Leases; (e) to the extent assignable, all certificate(s) of occupancy, building or equipment permits, consents, authorizations, variances, waivers, licenses, permits, certificates and approvals from any governmental or quasi-governmental authority necessary for the use of the Land or the Improvements (collectively, the “Approvals”); (f) all transferable or assignable warranties (the “Warranties”) relating to the ownership, development, use and operation of the Land and Improvements; (g) to the extent assignable, all of Seller’s interest in all structural, soil, seismic, geologic, engineering and other reports and studies, all operating manuals for all systems, equipment and operating components of the Property, all marketing materials that are distributed or shown to potential tenants in the marketing of the Property for lease, photos and depictions, all architectural drawings, plans and specifications relating to all or any portion of the Real Property, and all intellectual property rights to the Property, including, without limitation, trade names, trademarks, service marks, logos or other source and business identifiers, trademark registrations and applications for registration used at or relating to the Real Property and any written agreement granting to Seller any right to use any trademark or trademark registration at or in connection with the Real Property (the “Intangible Property”).

AGREEMENT OF SALE. 1.1 Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller that certain real property (the “"Land”") with street address of 200 & 000 Xxxxxxxxx, located in Xxxx Xxxxx, Xxxxxxxxxx, County California and more particularly described in attached Exhibit EXHIBIT A, together with Seller’s right, title and interest in the following, which together with the Land, shall be termed the “Property” hereinwith: (a) the approximately 461,263 square foot office project located at 200 & 000 Xxxxxxxxx, Xxxx Xxxxx, Xxxxxxxxxx a. any and all buildings, trellising, any and all fixtures, parking areas, fuel and water tanks, landscaping, vines, growing crops, stakes, fencing, posts, vines, wells, irrigation and frost control facilities, fixtures and other improvements located upon the Land (collectively, the “"Improvements”"); b. all machinery, equipment, furnishings, tools, motor vehicles, trailers, pumps, supplies, and other tangible personal property owned or leased by Seller and used in connection with the maintenance or operation of the Land and Improvements (b) the "Personal Property"); c. all easements, rights of way, privileges, water rights, mineral rights (to the extent owned by Seller), licenses, appurtenances and other rights and benefits of Seller or belonging to or in any way related to the Land, and Land (the Improvements, including water rights, mineral rights, air rights and development rights, if any (together with the Land and Improvements, the “Real Property”"Appurtenant Rights"); (c) d. all fixtures, furnishings, equipment and other tangible personal property owned by Seller that are used for the operation of the Property and that are located on the Property or that are used exclusively for the operation of the Property (the “Personal Property”); (d) the Leases and Service Contracts (as such terms are hereinafter defined) and all security deposits held by Seller with respect to the Leases; (e) to the extent assignable, all certificate(s) of occupancy, building or equipment permits, consents, authorizations, variances, waivers, licenses, permits, certificates and approvals from any governmental or quasi-governmental authority necessary for the use of the with respect to Land or the Improvements (collectively, the “"Approvals”");; and e. all architectural, mechanical, engineering, as-built and other plans, specifications and drawings (fthe "Plans"), all surveys (including any ALTA survey) and all soil, environmental, engineering, production records or other reports or studies (the "Reports"), all trademarks, service marks, trade or business names and other intangible property used in connection with the operations of the Property, and all transferable or assignable warranties warranties, representations, guaranties, contract rights and miscellaneous rights (the “"Warranties”") relating to the ownership, development, use and operation of the Land and Improvements;. (g) to f. the extent assignableLand, all of Seller’s interest in all structuralthe Improvements, soil, seismic, geologic, engineering and other reports and studies, all operating manuals for all systems, equipment and operating components of the Personal Property, all marketing materials that the Appurtenant Rights, the Approvals, the Plans and the Warranties are distributed or shown referred to potential tenants in collectively herein as the marketing of the Property for lease, photos and depictions, all architectural drawings, plans and specifications relating to all or any portion of the Real "Property, and all intellectual property rights to the Property, including, without limitation, trade names, trademarks, service marks, logos or other source and business identifiers, trademark registrations and applications for registration used at or relating to the Real Property and any written agreement granting to Seller any right to use any trademark or trademark registration at or in connection with the Real Property (the “Intangible Property”)."

AGREEMENT OF SALE. 1.1 Seller hereby agrees to sell to Buyer and Buyer hereby agrees to purchase from Seller that certain real property (the “"Land”") with street address of 200 & 000 Xxxxxxxxxlocated at 0000 Xxxxxx Xxxx Xxxxx xx Xxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxxx, Xxxxxxxxxx and more particularly described in attached Exhibit EXHIBIT A, together with Seller’s right, title and interest in the following, which together with the Land, shall be termed the “Property” hereinwith: (a) a. the warehouse building of approximately 461,263 78,168 square foot office project located at 200 & 000 Xxxxxxxxxfeet, Xxxx Xxxxx, Xxxxxxxxxx any and all fixtures fixtures, parking areas, landscaping and other improvements located upon the Land (collectively, collectively the “"Improvements”"); b. all machinery, equipment, furnishings and other tangible personal property owned by Seller and used in connection with the maintenance or operation of the Improvements (b) collectively the "Personal Property"), a current list of which is attached as Schedule I to EXHIBIT B; c. all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits of Seller or belonging to or in any way related to the Land, and the Improvements, including water rights, mineral rights, air rights and development rights, if any (together with the Land and Improvements, (collectively the “Real Property”"Privileges"); (cd. the certificate(s) all fixtures, furnishings, equipment and other tangible personal property owned by Seller that are used for the operation of the Property and that are located on the Property or that are used exclusively for the operation of the Property (the “Personal Property”); (d) the Leases and Service Contracts (as such terms are hereinafter defined) and all security deposits held by Seller occupancy with respect to the Leases; (e) to the extent assignable, Improvements and all certificate(s) of occupancy, other building or equipment permits, consents, authorizations, variances, waivers, licenses, permits, certificates and approvals from any governmental or quasi-governmental authority necessary for the use of with respect to the Land or the Improvements (collectivelycollectively the "Approvals"); and e. all architectural, mechanical, engineering, as-built and other plans, specifications and drawings (collectively the “Approvals”"Plans") all surveys (including any ALTA survey) and all soil, environmental, engineering, or other reports or studies (collectively the "Reports"); (f) , and all transferable or assignable warranties warranties, representations, guaranties, contract rights and miscellaneous rights (collectively the “"Warranties”") relating to the ownership, development, use and operation of the Land and Improvements; (g) to the extent assignable. The Land, all of Seller’s interest in all structuralImprovements, soil, seismic, geologic, engineering and other reports and studies, all operating manuals for all systems, equipment and operating components of the Personal Property, all marketing materials that Privileges, Approvals, Plans, Reports and Warranties are distributed or shown to potential tenants in sometimes collectively called herein the marketing of the Property for lease, photos and depictions, all architectural drawings, plans and specifications relating to all or any portion of the Real "Property, and all intellectual property rights to the Property, including, without limitation, trade names, trademarks, service marks, logos or other source and business identifiers, trademark registrations and applications for registration used at or relating to the Real Property and any written agreement granting to Seller any right to use any trademark or trademark registration at or in connection with the Real Property (the “Intangible Property”)."

AGREEMENT OF SALE. 1.1 Seller hereby agrees to sell to Buyer Buyer, and Buyer hereby agrees to purchase from Seller Seller, Seller’s right, title and interest in that certain real property (with the “Land”) with street address of 200 & 000 Xxxxxxxxx600 Xxxxxxxxx Xxxx, Xxxx XxxxxXxxxxx Xxxxxx Crossing, XxxxxxxxxxMontgomery, NY, and more particularly described in attached Exhibit AA. In addition, together with each Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, Seller’s right, title and interest in the following, which together with the Land, shall be termed the “Property” herein: (a) the approximately 461,263 square foot office project building located at 200 & 000 Xxxxxxxxxthe Land owned by Seller (collectively, Xxxx Xxxxx, Xxxxxxxxxx the “Buildings”) and all fixtures and other improvements located upon the such Land (collectively, the “Improvements”); (b) all fixtures owned by such Seller that are necessary for the operation of the Property owned by such Seller and that are located on the Property; (c) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits of such Seller belonging to or in any way related to the Land, and the Improvements, including water rights, mineral rights, air rights and development rights, if any (together with the Land and Improvements, the “Real Property”); (c) all fixtures, furnishings, equipment and other tangible personal property owned by Seller that are used for the operation of the Property and that are located on the Property or that are used exclusively for the operation of the Property (the “Personal Property”)such Seller; (d) the Leases Lease and Service Contracts (as such terms are hereinafter defined) and all security deposits held by to which such Seller with respect to the Leasesis a party; (e) to the extent assignable, all transferable or assignable certificate(s) of occupancy, building or equipment permits, consents, authorizations, variances, waivers, licenses, permits, and certificates and approvals from any governmental or quasi-governmental authority necessary for the use ownership of the Land or the Improvements owned by such Seller (collectively, the “Approvals”);; and (f) all transferable or assignable warranties (the “Warranties”) relating to the ownership, development, use and operation of the Land and Improvements; (g) Improvements owned by such Seller; Buyer has no right to the extent assignablepurchase, and Seller have no obligation to sell, less than all of Seller’s interest in all structural, soil, seismic, geologic, engineering and other reports and studies, all operating manuals for all systems, equipment and operating components of the Property, all marketing materials that are distributed or shown it being the express agreement and understanding of Buyer and Seller that, as a material inducement to potential tenants in the marketing of the Property for leaseSeller and Buyer to enter into this Agreement, photos Buyer has agreed to purchase, and depictionsSeller have agreed to sell, all architectural drawings, plans and specifications relating to all or any portion of the Real Property, and all intellectual property rights to the Property, including, without limitation, trade names, trademarks, service marks, logos or other source subject to and business identifiers, trademark registrations and applications for registration used at or relating to the Real Property and any written agreement granting to Seller any right to use any trademark or trademark registration at or in connection accordance with the Real Property (the “Intangible Property”)terms and conditions of this Agreement.