Application of Refunds or Savings. Any refunds or savings in the payment of taxes resulting from such tax reduction proceedings applicable to taxes payable during the period prior to the date of the Closing shall belong to and be the property of the Seller, and any refunds or savings in the payment of taxes applicable to taxes payable from and after the date of the Closing shall belong to and be the property of the Buyer. All attorneys’ fees and other expenses incurred in obtaining such refunds or savings shall be apportioned between the Seller and the Buyer in proportion to the gross amount of such refunds or savings payable to the Seller and the Buyer, respectively (without regard to any amounts reimbursable to tenants); provided, however, that neither the Seller nor the Buyer shall have any liability for any such fees or expenses in excess of the refund or savings paid to such party unless such party initiated such proceeding.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Strategic Hotels & Resorts, Inc), Purchase and Sale Agreement (Interstate Hotels & Resorts Inc), Purchase and Sale Agreement (Interstate Hotels & Resorts Inc)
Application of Refunds or Savings. Any refunds or savings in the payment of taxes resulting from such tax reduction proceedings applicable on account of taxes allocable to taxes payable during the period prior to the date of the Closing Date shall belong to and be the property of the Seller, and any refunds or savings in the payment of taxes applicable on account of taxes allocable to taxes payable the period from and after the date of the Closing Date shall belong to and be the property of the Buyer. All attorneys’ fees and other expenses incurred in obtaining such refunds or savings shall be apportioned between the Seller and the Buyer in proportion to the gross amount of such refunds or savings payable to the Seller and the Buyer, respectively (without regard to any amounts reimbursable to tenants); provided, however, that neither the Seller nor the Buyer shall have any liability for any such fees or expenses in excess of the refund or savings paid to such party unless such party initiated such proceeding.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Strategic Student & Senior Housing Trust, Inc.), Purchase and Sale Agreement (Strategic Student & Senior Housing Trust, Inc.), Purchase and Sale Agreement (Strategic Student & Senior Housing Trust, Inc.)
Application of Refunds or Savings. Any refunds or savings in the payment of taxes Taxes resulting from such tax reduction proceedings applicable to taxes Taxes payable during the period prior to the date of the Closing shall belong to and be the property of the SellerSellers, and any refunds or savings in the payment of taxes Taxes applicable to taxes Taxes payable from and after the date of the Closing shall belong to and be the property of the Buyer. All attorneys’ fees and other expenses incurred in obtaining such refunds or savings shall be apportioned between the Seller Sellers and the Buyer in proportion to the gross amount of such refunds or savings payable to the Seller Sellers and the Buyer, respectively (without regard to any amounts reimbursable to tenants)respectively; provided, however, that neither the Seller Sellers nor the Buyer shall have any liability for any such fees or expenses in excess of the refund or savings paid to such party unless such party initiated such proceeding.
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