Common use of Delinquent Rentals Clause in Contracts

Delinquent Rentals. Rentals are delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar and the Owners as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurs. Any Rentals collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date shall be the sole property of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentals.

Delinquent Rentals. Rentals are For purposes of this Agreement, any rentals shall be deemed delinquent when payment thereof is due on or prior to the Proration Date Closing Date, but has not been made by as of the Proration Date (any such Rentals being "“Delinquent Rentals"”). Delinquent Rentals shall not be prorated between Cedar and until collected pursuant to this Section 11.D. To the Owners as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of extent either Seller or Purchaser collects any Delinquent Rentals that exist for the month in which after the Closing Date occurs. Any Rentals collected by Cedar or the OwnersDate, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due first applied to any accrued but unpaid rental obligations of Tenants at the Project for the period after the Closing Date and payable the balance, if any, shall be paid to Seller and credited against Tenants rental in respect of Leases which have expired or otherwise terminated connection with Delinquent Rentals relating to the period prior to the Closing Date shall be the sole property (collectively, “Seller’s Rentals”); provided, however, notwithstanding any of the Owners andforegoing, notwithstanding anything to the contrary contained hereinextent any rentals due for the calendar month in which Closing occurs are received by Seller or Purchaser after the Closing Date but prior to the first (1st) day of the calendar month following the calendar month in which Closing occurs, the Owners may take such actions as they desire parties hereby agree the party who received said rentals shall prorate the same and remit to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide within one (1) business day thereafter, said party’s prorated portion. Seller shall have the requesting party with reasonably detailed information regarding right to pursue and take any action against any Tenant owing Delinquent Rentals relating to the status period prior to the Closing Date; provided, however, Seller agrees to take no action which would cause a termination of such party's collection Tenant’s Lease or affect such Tenant’s right to quiet possession of Delinquent its premises and Purchaser agrees to cooperate with Seller, at no cost to Purchaser, in Seller’s attempt to collect any of Seller’s Rentals.

Delinquent Rentals. Rentals are delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar Buyer and the Owners Seller as of the Proration DateClosing Date but not paid to Seller until they are actually collected by Buyer. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which are "Delinquent" when payment thereof has been due on or before the Closing Date occursand is past due as of the Closing Date. Any Buyer shall use Buyer's best good faith efforts to collect any Delinquent Rentals. Buyer shall not, however, be required to institute legal proceedings and Buyer shall not be required to expend more than nominal cost and expense in collecting Delinquent Rentals. After the Close of Escrow, Seller shall not institute any legal proceedings against a Tenant (or other occupant or user of the Project) owing Delinquent Rentals unless Buyer has failed to institute such legal proceedings with thirty (30) days after receipt of Seller's written request that Buyer do so and Seller's claim is limited to an action to collect unpaid rent and to seek damages. Rentals collected by Cedar or the OwnersBuyer shall be applied first against any amount currently due, as the case may be, and then against any amount past due accruing after the ClosingClosing Date, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, then to Cedar amounts due to Seller for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then past due and payable, and (iii) then, to the Owners for any period amounts that accrued prior to the month in which the Closing Date occursDate. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree Buyer agrees that any payments due to the Owners or Cedar, as the case may be, Seller as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereofto Seller (less reasonable out-of-pocket costs of collection actually incurred by Buyer) not less often than monthly. The parties confirm Seller agrees that all any amounts collected by Seller after the Close of Escrow but which are due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date Buyer hereunder shall be the sole property payable to Buyer (less reasonable out-of-pocket costs of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire collection actually incurred by Seller) not less often than monthly. Buyer shall not compromise any rights to collect such amounts. Notwithstanding the provisions of this Section 8(c) delinquent Rentals or other amounts owed under Leases which, if collected, would be credited to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such partySeller hereunder without having first obtained Seller's collection of Delinquent Rentalswritten consent.

Delinquent Rentals. Rentals are For purposes of this Agreement, any rentals shall be deemed delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar and the Owners as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurs. Any Rentals collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occursoccurs but has not been made as of the Proration Date (“Delinquent Rentals”). Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereofprorated based on rentals actually collected. The parties confirm that all amounts due To the extent either Seller or Purchaser collects any Delinquent Rentals after the Closing Date, such Delinquent Rentals shall be first applied to any accrued but unpaid rental obligations of the applicable tenant for the period after the Closing Date and payable in respect of Leases which have expired or otherwise terminated the balance, if any, shall be paid to Seller and credited against any Delinquent Rentals relating to the period prior to the Closing Date shall be the sole property (collectively, “Seller’s Rentals”). Notwithstanding any of the Owners andforegoing, notwithstanding anything to the contrary contained hereinextent any rentals due for the calendar month in which Closing occurs are received by Seller or Purchaser after the Closing Date but prior to the first (1st) day of the calendar month following the calendar month in which Closing occurs, the Owners may take such actions as they desire parties hereby agree the party who received said rentals shall prorate the same and remit to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such within five (5) business days thereafter, said party's collection prorated portion. Seller shall have the right to pursue and take any action against any tenant owing Seller's Rentals; provided, however, Seller agrees to take no action which would cause a termination of Delinquent said tenant's Lease or affect said tenant's right to quiet possession of its premises and Purchaser agrees to cooperate with Seller, at no cost to Purchaser, in Seller's attempt to collect any of Seller's Rentals. Any actions taken by Seller in accordance with the preceding sentence will be commenced within thirty (30) days following the Closing Date.

Delinquent Rentals. Rentals for Tenant Leases that are not more than thirty (30) days delinquent when payment thereof is due on or prior to as of the Proration Date but has not been made by shall be prorated between Seller and Buyer as if they were timely paid to Seller, and Seller shall be credited with the Proration Date (any amount of such Rentals being "Delinquent Rentals")Rental. Delinquent Rentals shall be prorated between Cedar Buyer and Seller as of the Owners Proration Date but not paid by Seller until they are actually collected by Buyer, Rentals are "Delinquent" when payment thereof has been due on or before the Proration Date and is at least thirty (30) days past due as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurs. Any Rentals collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar Buyer shall use reasonable Buyer's good faith efforts to collect any Delinquent Rentals. Buyer shall not, however, be required to institute legal proceedings and Buyer shall not be required to expend more than nominal cost and expense in collecting Delinquent Rentals. After the Close of Escrow, Seller shall not institute any legal proceedings against a Tenant (or other occupant or user of the Project) owing Delinquent Rentals but unless Buyer has failed to institute such legal proceedings within thirty (30) days after receipt of Seller's written request that Buyer do so. Subject to the first sentence of this subparagraph (c) rentals collected by the Buyer shall have no obligation be applied first against any amount currently due, to commence a legal proceeding to collect such sumstheir respective due dates, and then against any amount past due. Cedar and the Owners agree Buyer agrees that any payments due to the Owners or Cedar, as the case may be, Seller as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereofto Seller (less reasonable out-of-pocket costs of collection actually incurred by Buyer) not less often than monthly. The parties confirm Seller agrees that all any amounts collected by Seller after the Close of Escrow but which are due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date Buyer hereunder shall be the sole property payable to Buyer (less reasonable out-of-pocket costs of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(ccollection actually incurred by Seller) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentalsnot less often than monthly.

Delinquent Rentals. Rentals are For purposes of this Agreement, any rentals (whether base rent or “pass-throughs”) shall be deemed delinquent when payment thereof is due on or prior to the Proration Date Closing Date, but has not been made by as of the Proration Date (any such Rentals being "herein referred to as “Delinquent Rentals"”). Delinquent Rentals shall not be prorated between Cedar and until collected pursuant to this Section 12E. To the Owners as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of extent either Seller or Purchaser collects any Delinquent Rentals that exist for the month in which after the Closing Date occurs. Any Rentals collected by Cedar or the OwnersDate, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due first applied to any accrued but unpaid rental obligations of the tenants at the applicable Project for the period after the Closing Date and payable in respect of Leases which have expired or otherwise terminated the balance, if any, shall be paid to Seller and credited against any Delinquent Rentals relating to the period prior to the Closing Date shall be the sole property (herein referred to collectively as “Seller’s Rentals”); provided, however, notwithstanding any of the Owners andforegoing, notwithstanding anything to the contrary contained hereinextent any rentals due for the calendar month in which Closing occurs are received by Seller or Purchaser after the Closing Date but prior to the first (1st) day of the calendar month following the calendar month in which Closing occurs, the Owners may take such actions as they desire parties hereby agree the party who received said rentals shall prorate the same and remit to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such within one (1) business day thereafter, said party's collection of ’s prorated portion. Purchaser shall, and shall only be required to, xxxx Tenants to collect Delinquent Rentals. Seller shall have the right to pursue and take any action against any Tenants owing Delinquent Rentals relating to the period prior to the Closing Date; provided, however, Seller agrees to take no action which would cause a termination of said tenant’s Lease or affect said tenant’s right to quiet possession of its premises and Purchaser agrees to cooperate with Seller, at no cost to Purchaser, in Seller’s attempt to collect any of Seller’s Rentals.

Delinquent Rentals. Rentals Fixed monthly rentals are delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals fixed monthly rentals that shall not be paid prior to the Proration Date being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar Purchaser and the Owners Seller as of the Proration Date. At Date but shall not be paid or credited until they are actually collected by Purchaser or Seller, as the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurscase may be. Any Rentals fixed monthly rentals collected by Cedar Purchaser or the OwnersSeller, as the case may be, after the Closing, Proration Date less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be applied first to Delinquent Rentals, if any, and paid to Seller promptly applied upon receipt thereof in the following order amount of priority: such Delinquent Rentals, then to fixed monthly rentals that shall accrue after the Proration Date and paid to Purchaser (but only at or after the Closing). Notwithstanding the foregoing, if a Tenant shall be disputing the amount of the Delinquent Rentals that such Tenant shall owe to Seller, in such case, prior to the resolution of such dispute, Seller, to the extent of such disputed Delinquent Rentals, shall not be entitled to receive payment of such Delinquent Rentals. Following the resolution of any dispute with a Tenant regarding the amount of Delinquent Rentals that such Tenant shall owe to the applicable Tenant, Purchaser shall pay to Seller, an amount equal to the lesser of (i) first, the amount of Delinquent Rentals that it is ultimately determined that such Tenant shall owe to Cedar for the month in which the Closing Date occurs, Seller and (ii) then, the amount of payments of fixed monthly rentals that Purchaser shall have received pursuant to Cedar for this Section 6(c). Seller shall have the month or months following right to settle and/or compromise any dispute with a Tenant regarding any disputed Delinquent Rentals and in no event shall Purchaser have the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, right to the Owners for settle and/or compromise any period prior to the month in which the Closing Date occurssuch dispute. Cedar Purchaser shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and Seller retains the Owners agree that right after the Closing to bring an action for damages against tenants for the recovery of Delinquent Rentals, provided, however, in no event shall any payments due to such action involve the Owners termination of such tenant's Lease or Cedar, as the case may be, as a result eviction of collected Delinquent Rentals shall be payable promptly upon receipt thereofsuch tenant. The parties confirm that all amounts due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Proration Date shall be the sole property of the Owners applicable Seller and, notwithstanding anything to the contrary contained herein, the Owners Seller may take such actions as they desire it desires to collect such amounts. Notwithstanding the provisions of this Section 8(cSubsection 6(c) to the contrary, any amount collected by Seller applicable to the Owners period of time prior to the Proration Date in connection with any such action shall be retained by the OwnersSeller. The Owners Seller and Cedar Purchaser shall from time to time after for a period of one (1) year following the Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentals.

Delinquent Rentals. Rentals are delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals being "“Delinquent Rentals"”). Delinquent Rentals shall be prorated between Cedar Purchaser and the Owners Seller as of the Proration Date. At Date but shall not be paid or credited until they are actually collected by Purchaser or Seller, as the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurscase may be. Any Rentals collected by Cedar Purchaser or the OwnersSeller, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, to be prorated between Seller and Purchaser, (ii) then, to Cedar Purchaser for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to Seller for the Owners for any period prior to the month immediately preceding the month in which the Closing Date occurs. Cedar Purchaser shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar Purchaser and the Owners Seller agree that any payments due to the Owners Seller or CedarPurchaser, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. Seller retains the right after the Closing to bring an action for damages against tenants for the recovery of Delinquent Rentals; provided, however, that in no event shall any such action involve the termination of such subtenant’s Sublease or the eviction of such subtenant. The parties confirm that all amounts due and payable in respect of Leases Subleases which have expired or otherwise terminated prior to the Closing Date shall be the sole property of the Owners Seller and, notwithstanding anything to the contrary contained herein, the Owners Seller may take such actions as they desire it desires to collect such amounts. Notwithstanding the provisions of this Section 8(c5(d) to the contrary, any amount collected by the Owners Seller in connection with any such action shall be retained by the OwnersSeller. The Owners Seller and Cedar Purchaser shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's ’s collection of Delinquent Rentals.

Delinquent Rentals. Subject to the provisions of Section 7.1(b), Delinquent Rentals shall be prorated between Purchaser and Seller as of the Proration Date but not until they are actually collected by Purchaser. Rentals are delinquent "Delinquent" when payment thereof is due on or prior to before the Proration Date but has not been made by the Proration Date (Date. Purchaser shall use Purchaser's good faith efforts to collect any such Rentals being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar and the Owners as of the Proration Date. At After the Closing, Cedar Seller shall pay be permitted to maintain or institute any legal proceedings against Tenants, Anchors, parties to Specialty License Agreements and occupants of the Owners Real Property to collect such Delinquent Rentals, provided that Seller shall not take any action after the Owners' share Closing against any occupant of any Delinquent portion of the Real Property which would affect such occupant's right to occupy its owned, leased or licensed premises or take any action (other than by maintaining or instituting such legal proceedings) that would otherwise adversely affect the Purchaser. Rentals that exist actually collected by Purchaser shall be applied first to Rentals accruing for the month in which the Closing Date occurs. Any , then to Delinquent Rentals collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar accruing for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs, then to Rentals accruing for any period following the month of the Closing and owing as of the date of collection until such Rentals are current and then to all other Delinquent Rentals. Cedar Purchaser shall use reasonable efforts be entitled to collect retain 2% of all Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and accruing before the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due and payable in respect of Leases which have expired or otherwise terminated month prior to the month in which the Closing Date occurs which Purchaser collects after the Closing on behalf of Seller and pays to Seller. Any amounts due Seller under this Section 7.1(d) shall be remitted to Seller not later than forty-five (45) days following the sole property end of the Owners and, notwithstanding anything to month in which such Delinquent Rentals are collected. After the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, Purchaser shall provide Seller with a monthly accounting of any Delinquent Rentals and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of collections thereof and Seller shall have a reasonable opportunity to inspect Purchaser's books relating to such party's Delinquent Rentals and collection of Delinquent Rentalsthereof.

Delinquent Rentals. Rentals Fixed monthly rentals are delinquent when payment thereof is due on or prior to the Proration Date but has not been made by the Proration Date (any such Rentals fixed monthly rentals that shall not be paid prior to the Proration Date being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar Purchaser and the Owners each Seller as of the Proration Date. At Date but shall not be paid or credited until they are actually collected by Purchaser or a Seller, as the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurscase may be. Any Rentals fixed monthly rentals collected by Cedar Purchaser or the Ownersa Seller, as the case may be, after the Closing, Proration Date less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be applied first to Delinquent Rentals, if any, and paid to the applicable Seller promptly applied upon receipt thereof in the following order amount of priority: such Delinquent Rentals, then to fixed monthly rentals that shall accrue after the Proration Date and paid to Purchaser (but only at or after the Closing). Notwithstanding the foregoing, if a Tenant shall be disputing the amount of the Delinquent Rentals that such Tenant shall owe to the applicable Seller, in such case, prior to the resolution of such dispute, such Seller, to the extent of such disputed Delinquent Rentals, shall not be entitled to receive payment of such Delinquent Rentals. Following the resolution of any dispute with a Tenant regarding the amount of Delinquent Rentals that such Tenant shall owe to the applicable Tenant, Purchaser shall pay to the applicable Seller, an amount equal to the lesser of (i) first, the amount of Delinquent Rentals that it is ultimately determined that such Tenant shall owe to Cedar for the month in which the Closing Date occurs, applicable Seller and (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but amount of payments of fixed monthly rentals that Purchaser shall have no obligation received pursuant to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date shall be the sole property of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(c) 6(c). Sellers shall have the right to the contrary, settle and/or compromise any amount collected by the Owners in connection dispute with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentals.a Tenant regarding

Delinquent Rentals. Rentals for Tenant Leases that are not more than thirty (30) days delinquent when payment thereof is due on or prior to as of the Proration Date but has not been made by shall be prorated between Seller and Buyer as if they were timely paid to Seller, and Seller shall be credited with the Proration Date (any amount of such Rentals being "Delinquent Rentals")Rental. Delinquent Rentals shall be prorated between Cedar Buyer and Seller as of the Owners Proration Date but not paid by Seller until they are actually collected by Buyer, Rentals are "Delinquent" when payment thereof has been due on or before the Proration Date and is at least thirty (30) days past due as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurs. Any Rentals collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar Buyer shall use reasonable Buyer's good faith efforts to collect any Delinquent Rentals. Buyer shall not, however, be required to institute legal proceedings and Buyer shall not be required to expend more than nominal cost and expense in collecting Delinquent Rentals. After the Close of Escrow, Seller shall not institute any legal proceedings against a Tenant (or other occupant or user of the Project) owing Delinquent Rentals but unless Buyer has failed to institute such legal proceedings within thirty (30) days after receipt of Seller's written request that Buyer do so. Subject to the first sentence of this subparagraph (c) rentals collected by the Buyer shall have no obligation be applied first to commence a legal proceeding to collect such sumstheir respective due dates, and then against any amount past due. Cedar and the Owners agree Buyer agrees that any payments due to the Owners or Cedar, as the case may be, Seller as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereofto Seller (less reasonable out-of- pocket costs of collection actually incurred by Buyer) not less often than monthly. The parties confirm Seller agrees that all any amounts collected by Seller after the Close of Escrow but which are due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date Buyer hereunder shall be the sole property payable to Buyer (less reasonable out-of-pocket costs of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(ccollection actually incurred by Seller) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentalsnot less often than monthly.

Delinquent Rentals. Rentals For purposes of this Agreement, rentals are considered delinquent (“Delinquent Rentals”) when payment thereof is due on or prior to the Proration Date Closing but has not been made by as of 11.59 p.m. CST on the Proration Date (any such Rentals being "Delinquent Rentals")day immediately preceding the Closing Date. Delinquent Rentals shall be separately prorated in accordance with the remainder of this Section between Cedar Purchaser and the Owners Seller as of the Proration Date. At the Closing, Cedar outside of escrow, but not until they are actually collected by Purchaser. During the one hundred twenty (120) day period after the Closing Date, Purchaser shall pay use commercially reasonable efforts in the ordinary course of Purchaser’s operation of the Property to the Owners the Owners' share of collect any Delinquent Rentals that exist for Rentals. After Closing, Seller shall not take any action against an existing tenant owing Delinquent Rentals; provided, however, Seller shall be entitled to commence and prosecute legal proceedings against any former tenant of the month Property who is no longer in which occupancy at the Closing Date occursProperty and no longer the party to any Lease not yet terminated, concerning the collection of Delinquent Rentals. Any Delinquent Rentals collected by Cedar or Purchaser, net of the Owners, as the case may be, after the Closing, less any reasonable third party costs of collection (including reasonable attorneys attorneys’ fees) reasonably allocable thereto ), shall be promptly applied in the following order of priorityas follows: (i) first, to Cedar against any amount due and owing for the month in which the Closing Date occurs; second, (ii) thenagainst any amount then currently due; and third, to Cedar against any amount due for the month or months following the period prior to Closing. For purposes hereof, “amounts currently due” shall mean and refer to amounts which would be due for any month in which the Closing Date occurs, provided the received Rental such payment is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occursreceived. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree Purchaser agrees that any payments due to the Owners or Cedar, as the case may be, Seller as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due and payable in respect of Leases which Title Company as the escrow holder shall have expired or otherwise terminated prior to no responsibility for the post-Closing Date shall be the sole property of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection proration of Delinquent Rentals. Purchaser’s obligations under this Section shall terminate one hundred twenty (120) days after the Closing.

Delinquent Rentals. Rentals are For purposes of this Agreement, any rentals (whether base rent or "pass-throughs") shall be deemed delinquent when payment thereof is due on or prior to the Proration Date Closing Date, but has not been made by as of the Proration Date (any such Rentals being herein referred to as "Delinquent Rentals"). Delinquent Rentals shall not be prorated between Cedar and until collected pursuant to this Section 12E. To the Owners as of the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of extent either Seller or Purchaser collects any Delinquent Rentals that exist for the month in which after the Closing Date occurs. Any Rentals collected by Cedar or the OwnersDate, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then due and payable, and (iii) then, to the Owners for any period prior to the month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due first applied to any accrued but unpaid rental obligations of the tenants at the applicable Project for the period after the Closing Date and payable in respect of Leases which have expired or otherwise terminated the balance, if any, shall be paid to Seller and credited against any Delinquent Rentals relating to the period prior to the Closing Date shall be the sole property (herein referred to collectively as "Seller's Rentals"); provided, however, notwithstanding any of the Owners andforegoing, notwithstanding anything to the contrary contained hereinextent any rentals due for the calendar month in which Closing occurs are received by Seller or Purchaser after the Closing Date but prior to the first (1st) day of the calendar month following the calendar month in which Closing occurs, the Owners may take such actions as they desire parties hereby agree the party who received said rentals shall prorate the same and remit to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such within one (1) business day thereafter, said party's collection prorated portion. Purchaser shall, and shall only be required to, bill Tenants to collect Delinquent Xxntals. Seller shall have the right to pursue and take any action against any Tenants owing Delinquent Rentals relating to the period prior to the Closing Date; provided, however, Seller agrees to take no action which would cause a termination of Delinquent said tenant's Lease or affect said tenant's right to quiet possession of its premises and Purchaser agrees to cooperate with Seller, at no cost to Purchaser, in Seller's attempt to collect any of Seller's Rentals.

Delinquent Rentals. Delinquent Rentals shall be prorated between Purchaser and Seller as of the Proration Date but not until they are actually collected by Purchaser. Rentals are delinquent "Delinquent" when payment thereof is due on or prior to before the Proration Date but has not been made by the Proration Date (Date. Purchaser shall use Purchaser's good faith efforts to collect any Delinquent Rentals, but Purchaser shall not be required to institute legal proceedings and Purchaser shall be required to expend no more than nominal cost and expense in collecting Delinquent Rentals. After the Closing, Seller shall not institute any legal proceedings against any occupant of the Real Property, unless Purchaser expressly waives in writing Purchaser's right to collect Delinquent Rentals, in which event Seller may collect such Delinquent Rentals, including, without limitation, the institution of such legal proceedings. Notwithstanding the above, with respect to Delinquent Rentals and any other amounts or rights of any nature regarding tenants who are no longer tenants of the Property as of the Closing Date, Seller shall retain all rights relating thereto. Under no circumstances shall Seller take any action after the Closing against any such occupant which would affect such occupant's right to occupy its owned, leased or licensed premises. Seller shall not be entitled to any Rentals being "Delinquent Rentals"). Delinquent Rentals shall be prorated between Cedar received from Tenants after the Proration Date unless such Tenants are current in their Rental obligations for periods occurring from and the Owners as of after the Proration Date. At the Closing, Cedar shall pay to the Owners the Owners' share of any Delinquent Rentals that exist for the month in which the Closing Date occurs. Any Rentals actually collected by Cedar or the Owners, as the case may be, after the Closing, less any costs of collection (including reasonable attorneys fees) reasonably allocable thereto Purchaser shall be promptly applied in the following order of priority: (i) first, to Cedar for the month in which the Closing Date occurs, (ii) then, to Cedar for the month or months following the month in which the Closing Date occurs, provided the received Rental is then first against any amount currently due and payablethen to amounts which are most recently overdue. For purposes hereof, and (iii) then, to the Owners "amounts currently due" shall include amounts which would be due for any period prior to the a month in which the Closing Date occurs. Cedar shall use reasonable efforts to collect Delinquent Rentals but shall have no obligation is to commence a legal proceeding to collect such sums. Cedar and the Owners agree that any payments due to the Owners or Cedar, as the case may be, as a result within five days after receipt of collected Delinquent Rentals shall be payable promptly upon receipt thereof. The parties confirm that all amounts due and payable in respect of Leases which have expired or otherwise terminated prior to the Closing Date shall be the sole property of the Owners and, notwithstanding anything to the contrary contained herein, the Owners may take such actions as they desire to collect such amounts. Notwithstanding the provisions of this Section 8(c) to the contrary, any amount collected by the Owners in connection with any such action shall be retained by the Owners. The Owners and Cedar shall from time to time after Closing, and upon request of the other party, provide the requesting party with reasonably detailed information regarding the status of such party's collection of Delinquent Rentals.