Common use of Condition of Improvements and the Tangible Personal Property Clause in Contracts

Condition of Improvements and the Tangible Personal Property. The Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller shall not have diminished the Inventory. The Seller, at its expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.

Condition of Improvements and the Tangible Personal Property. The ------------------------------------------------------------ Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller shall not have diminished the Inventory. The Seller, at its their expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.

Condition of Improvements and the Tangible Personal Property. The ----------------------------------------------------------------- Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller shall not have diminished the Inventory. The Seller, at its expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.

Condition of Improvements and the Tangible Personal Property. The ------------------------------------------------------------ Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller Contributor shall not have diminished the Inventory. The SellerContributor, at its expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller Contributor shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller Contributor shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the PurchaserAcquiror.

Condition of Improvements and the Tangible Personal Property. The Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller shall not have diminished the Inventory. The Seller, at its expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.

Condition of Improvements and the Tangible Personal Property. The At the ------------------------------------------------------------ time of Closing, the Improvements and the Tangible Personal Property (including but not limited to to, the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order order, reasonable wear and tear excepted, and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller shall not have substantially diminished the Inventory. The Seller, at its expense, shall have maintained the Real Property and the Tangible Personal Property in substantial compliance with all applicable laws Laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.

Condition of Improvements and the Tangible Personal Property. The Improvements and the Tangible Personal Property (including but not limited to the mechanical systems, plumbing, electrical, wiring, appliances, fixtures, heating, air conditioning and ventilating equipment, elevators, boilers, equipment, roofs, structural members and furnaces) shall be in good condition and working order and shall have no material defects, structural or otherwise, and there shall be no deferred maintenance with respect to the Real Property, the Tangible Personal Property or any part thereof, and the Seller Sellers shall not have diminished the Inventory. The SellerSellers, at its their expense, shall have maintained the Real Property and the Tangible Personal Property in compliance with all applicable laws and in at least as good condition as they are in as of the date hereof, normal wear and tear excepted. The Seller Sellers shall not have diminished the quality or quantity of maintenance and upkeep services heretofore provided to the Real Property and the Tangible Personal Property. The Seller Sellers shall not have removed or caused or permitted to be removed any part or portion of the Real Property or the Tangible Personal Property unless the same is replaced, prior to Closing, with similar items of at least equal quality and acceptable to the Purchaser.