Common use of Existing Leases Clause in Contracts

Existing Leases. There are no leases, licenses, or other occupancy agreements affecting any portion of the Property other than the Leases identified on Exhibit F. There are no lease term letters or leases delivered for execution to prospective tenants of the Property except for prospective lease transactions that, although at one time actively pursued, are not currently being pursued by Seller. The information contained in Exhibit F is true and correct. The copies of the Leases furnished by the Seller to the Purchaser are true and complete copies. Other than items included in Seller’s lease files which Seller has made available to Purchaser, Seller has executed no side letters or other understandings concerning the Leases. The Leases are in full force and effect, without any material default by the Seller or, to Seller’s knowledge, by any tenant thereunder. Except as set forth in Exhibit F All tenants required to pay rent or additional rent as of the Effective Date have paid such sums in full without set-off or counterclaim. Seller has not given or received any notice of default which remains uncured or unsatisfied with respect to any of the Leases. Seller has not granted to any tenant under a Lease or any other person or entity an option, right of first refusal, or right to purchase the Property or any part thereof or interest therein which is not contained in a recorded document listed as a Permitted Exception or in a Lease. All Security Deposits are set forth on Exhibit F. There are no Tenant Inducement Costs other than as set forth in Exhibit K.

Existing Leases. There are no leasesExhibit B sets forth a correct and complete list of Existing Leases and Original Landlord has made available to Tenant a copy of each of Existing Leases in Original Landlord’s possession, licenses, or other occupancy agreements affecting any portion of the Property other than the Leases identified on Exhibit F. There are no lease term letters or leases delivered for execution to prospective tenants of the Property except for prospective lease transactions that, although at one time actively pursued, are not currently being pursued by Seller. The information contained in Exhibit F is true and correct. The copies of the Leases furnished by the Seller to the Purchaser which are true and complete copies. Other than items included in Seller’s lease files which Seller has made available to Purchaser, Seller has executed no side letters or other understandings concerning the copies of Existing Leases. The To Original Landlord’s Knowledge, (i) Original Landlord has neither given nor received any written notice of any breach or default under any of Existing Leases are in full force and effectwhich has not been cured, without any material default by the Seller or, to Seller’s knowledge, by any tenant thereunder. Except (ii) except as set forth in Exhibit F All H, no tenants are entitled to any rebates, rent concessions or free rent except as may be expressly set forth in Existing Leases, (iii) no rents due under any of Existing Leases are presently assigned, charged, hypothecated or encumbered by Original Landlord, (iv) there are no unpaid brokerage commissions or unpaid landlord obligations for tenant improvements in connection with the current term of occupancy of tenants under Existing Leases, (v) no rent under any of Existing Leases has been prepaid (except for rental for the current month and payments that are required to pay rent or additional rent as be made in advance pursuant to the terms and provisions of Existing Leases and except for prepayments set forth either in Existing Leases, (vi) no tenant has notified Landlord in writing of its intent to terminate its lease prior to expiration of the Effective Date have paid term of such sums in full without set-off or counterclaim. Seller lease, and (vii) no written notice of any default under Existing Leases has not been given or received any notice of default which remains uncured or unsatisfied with respect to any of the Leases. Seller has not granted to any tenant under a Lease or any other person or entity an option, right of first refusal, or right to purchase the Property or any part thereof or interest therein which is not contained in a recorded document listed as a Permitted Exception or in a Lease. All Security Deposits are set forth on Exhibit F. There are no Tenant Inducement Costs other than as set forth in Exhibit K.by Landlord;

Existing Leases. There To such Seller’s knowledge, (A) the information with respect to the Existing Leases set forth in Exhibit “H” hereto is true, correct and complete in all material respects and (B) neither such Seller, nor any tenant under any Existing Lease, is in default under any Existing Lease. Such Seller has not given to any tenant any written notice of default under any of the Existing Leases that remains uncured. Such Seller represents that (1) at the time of the Applicable Closing, such Seller shall have accepted no prepayment of rent or other payments under any of the Existing Leases (except for rental for the current month and payments that are required to be made in advance pursuant to the terms and provisions of the Existing Leases) in advance for more than one month and no rent, prepaid rent, cash security deposit or security deposit in a form other than cash are held by such Seller, except the deposits described on Exhibit “J” and rent for the current month, (2) at the time of the Applicable Closing, such Seller shall not have terminated any of the Existing Leases by agreement with the tenant (except by reason of a default by the tenant thereunder or except for notices given to indicate the landlord’s intention not to permit the term of the lease to continue or be renewed for an additional term), (3) such Seller has or will deliver to Buyer true, correct and complete in all material respects (including all material amendments thereto) copies of all Existing Leases, (3) except as disclosed on Exhibit “H”, the Existing Leases contain no free rent period, rental concession, rental abatement or other benefit granted to tenants under the Existing Leases which extend beyond the Applicable Closing Date, (4) there are no leasesoptions or rights to renew, licensesextend or terminate the Existing Leases or expand any Existing Lease premises, except as shown in the Rent Roll and the Leases, (5) no brokerage commission or other occupancy agreements affecting similar fee is due or unpaid by such Seller with respect to any portion of the Property other than the Leases identified on Exhibit F. There Existing Leases, and there are no lease term letters written or leases delivered for execution to prospective tenants of the Property except for prospective lease transactions thatoral agreements that will obligate Buyer, although at one time actively pursued, are not currently being pursued by Seller. The information contained in Exhibit F is true and correct. The copies of the Leases furnished by the Seller to the Purchaser are true and complete copies. Other than items included in as such Seller’s lease files which Seller has made available assignee, to Purchaserpay any such commission or fee under any Existing Leases or extension, Seller has executed no side letters expansion or other understandings concerning renewal thereof, and (6) the Leases. The Existing Leases and any guaranties thereof are in full force and effect, without any material default by and are subject to no defenses, setoffs or counterclaims for the Seller or, to Seller’s knowledge, by any tenant thereunder. Except as set forth in Exhibit F All tenants required to pay rent or additional rent as benefit of the Effective Date have paid such sums in full without set-off or counterclaim. Seller has not given or received any notice of default which remains uncured or unsatisfied with respect to any of the Leases. Seller has not granted to any tenant under a Lease or any other person or entity an option, right of first refusal, or right to purchase the Property or any part thereof or interest therein which is not contained in a recorded document listed as a Permitted Exception or in a Lease. All Security Deposits are set forth on Exhibit F. There are no Tenant Inducement Costs other than as set forth in Exhibit K.tenant’s therunder.