Common use of Future Operations Clause in Contracts

Future Operations. From the date of this Agreement until the Closing or earlier termination of this Agreement: Seller shall operate and maintain the Property substantially in accordance with Seller’s past practices with respect to the Property, normal wear and tear excepted; Seller will perform all of Seller’s obligations under the Contracts. Seller will not, without the prior written consent of Purchaser, modify, enter into, or renew any Contract which cannot be cancelled upon thirty (30) days prior written notice. From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller will not lease any space in the Improvements except upon the prior written approval of Purchaser (such approval not to be unreasonably withheld or delayed); provided, however, this limitation upon Seller shall not apply with respect to lease renewals, lease extensions, rights of first refusal or offer, or options pursuant to rights granted under leases existing as of the Effective Date. All costs and expenses incurred and paid by Seller under (i) any new lease entered into after the Effective Date and (ii) any extension, renewal or modification of an existing lease entered into after the Effective Date, shall be paid by Purchaser in accordance with Section 6.6(b) of this Agreement. Said costs and expenses shall include, but not be limited to, costs incurred and paid by Seller for tenant improvements, leasing commissions, capital improvements, and reasonable attorney’s fees. If Purchaser does not deliver written notice to Seller of its approval or disapproval of any matters for which Seller seeks Purchaser’s approval as set forth above within five (5) business days after Purchaser’s receipt of Seller’s request for such approval, Purchaser shall be deemed to have approved such matters and to have agreed to assume all obligations with respect thereto. MISCELLANEOUS

Future Operations. From the date Effective Date of this Agreement until the Closing or earlier termination of this Agreement: , Seller shall operate perform its obligations under the Lease. Seller shall have no obligation to perform any repairs, make improvements, cure violations or take any other action at the Property, Seller shall be permitted to make Tenant Allowance and maintain the Property substantially Broker’s Fee disbursements in accordance with Seller’s past practices with respect to the Property, normal wear and tear excepted; Seller will perform all of Seller’s obligations under the ContractsLease. Seller will shall not, without the prior written consent of Purchaser, modify, enter into, or renew any Contract which cannot be cancelled upon thirty (30) days prior written notice. From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller will not lease any space in the Improvements except upon the prior written approval of Purchaser (such approval not to be unreasonably withheld or delayed); provided, however, this limitation upon Seller shall not apply with respect to lease renewals, lease extensions, rights of first refusal or offer, or options pursuant to rights granted under leases existing as of the Effective Date. All costs and expenses incurred and paid by Seller under : (i) any new lease entered into after cancel, terminate, amend, extend or otherwise modify the Effective Date and Lease, or (ii) accept a surrender of the Lease prior to the expiration date thereof, or (iii) enter into any extensionnew leases or licenses or other occupancy agreements, renewal or modification (iv) enter into service agreements or contracts unless such agreements and contracts are terminable and are terminated prior to or at Closing. Seller shall deliver to Purchaser a notice of an existing lease entered into after the Effective Date, shall be paid by Purchaser in accordance with Section 6.6(b) of this Agreement. Said costs and expenses shall include, but not be limited to, costs incurred and paid by Seller for tenant improvements, leasing commissions, capital improvements, and reasonable attorney’s fees. If Purchaser does not deliver written notice to Seller of its approval or disapproval of any matters each proposed action for which Seller seeks Purchaser’s approval consent is required hereunder, setting forth such information as set forth above within Seller believes is relevant thereto. Purchaser shall have five (5) business days after Purchaser’s receipt delivery to it of Seller’s request for such approvalnotice to determine whether or not to consent to such action. If Purchaser shall not give notice of its approval within such five (5) business day period, Purchaser shall be deemed to have approved objected to such matters and action. If the Lease requires that Seller’s consent be given to have agreed to assume all obligations any matter or not be unreasonably withheld delayed or conditioned with respect to a matter, Seller shall endeavor to advise Purchaser of any such requests; provided, however, that Seller may consent thereto. MISCELLANEOUSConcurrently with delivery or within two (2) business days following receipt, Seller shall deliver to Purchaser a copy of every notice sent to or received from Tenant under the Lease, as applicable. Seller will advise Purchaser promptly of any suit, action, arbitration, or legal or other proceedings or governmental investigation which is instituted after the Effective Date and which concerns or affects Seller or the Property. It shall be a condition of Closing for the benefit of Purchaser that Tenant has not abandoned the Premises.

Future Operations. From the date of this Agreement Effective Date (as hereinafter defined) until the Closing or earlier termination of this Agreement: , Seller shall operate (i) keep and maintain the Property in substantially in accordance with Seller’s past practices with respect to its condition as of the Propertydate of this Agreement, normal casualty and reasonable wear and tear excepted; , (ii) continue to operate the Property in substantially the same manner as it was operated by Seller will prior to the Effective Date, (iii) continue to perform all of Seller’s its obligations under the ContractsLeases and Contracts in accordance with their terms, and (iv) not subject the Property to any additional liens or encumbrances without Purchaser's approval. Until the Closing or earlier termination of this Agreement, Seller will shall not, without the prior written consent of Purchaser, modify, enter into, into or renew any Contract which cannot be cancelled upon thirty (30) days prior written noticewould bind a successor owner of the Property. From and after the Effective Date until Until the Closing or earlier termination of this Agreement, Seller will shall not lease any space in the Improvements or amend or terminate any existing Lease, except upon on terms and conditions and with tenants approved by Purchaser. Purchaser hereby approves the prior written terms and conditions of, and the tenants under, the leases (and amendments) described in the schedules attached as Exhibits H-2 and H-3 hereto. No future approval of Purchaser (such approval not to leases, amendments or terminations shall be unreasonably withheld or delayed); provided, however, delayed notwithstanding any contrary provision in this limitation upon Seller shall not apply with respect to lease renewals, lease extensions, rights of first refusal or offer, or options pursuant to rights granted under leases existing as of the Effective DateAgreement. All costs and expenses incurred and paid by Seller under (i) any new such approved lease entered into after the Effective Date and (ii) any extension, renewal or modification of an existing lease entered into after the Effective Date, Purchaser's execution hereof shall be paid by Purchaser in accordance with Section 6.6(b) of this Agreement. Said costs and expenses shall include, but not be limited to, costs incurred and paid by Seller for tenant improvements, leasing commissions, capital improvements, and reasonable attorney’s fees. If Purchaser does not deliver written notice to Seller of its approval or disapproval of any matters for which Seller seeks Purchaser’s approval as set forth above within five (5) business days after Purchaser’s receipt of Seller’s request for such approval, Purchaser shall be deemed to have approved such matters and to have agreed to assume all obligations with respect thereto. MISCELLANEOUShereof.