Common use of Interim Operation of the Properties Clause in Contracts

Interim Operation of the Properties. (a) Except as otherwise contemplated or permitted by this Agreement or approved by Buyer in writing, from the Effective Date to the Closing Date, Seller agrees that it will operate, maintain, repair and lease the Real Property in the ordinary course, on an arm's-length basis and consistent with Seller's past practices and will not dispose of or encumber any Property, except for dispositions of personal property in the ordinary course of business or as otherwise permitted by Section 7.1 or Section 7.3. Without limiting the foregoing, Seller shall, in the ordinary course, negotiate with prospective Tenants and enter into New Leases (on terms that Seller believes, in its good faith business judgment, to be market terms), enforce Leases in all material respects, perform in all material respects all of landlord's obligations under the Leases (other than Leases that are or that are in the process of being terminated due to Tenant's default thereunder, provided that this provision shall not be deemed breached by virtue of Seller's failure to perform under Leases expiring on or before December 30, 1997), and the ground lessee's obligations under the Ground Leases and pay all costs and expenses of the Properties, including without limitation debt service and Real Estate Taxes.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Brandywine Realty Trust), Agreement of Purchase and Sale (Brandywine Realty Trust)

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Interim Operation of the Properties. (a) Except as otherwise contemplated or permitted by this Agreement or approved by Buyer in writing, from the Effective Date to the Closing Date, Seller agrees that it will operate, maintain, repair and lease the each Real Property in the ordinary course, on an arm's-length basis and consistent with Seller's past practices and will not dispose of or encumber any Property, except for dispositions of personal property in the ordinary course of business or as otherwise permitted by Section 7.1 or Section 7.3. Without limiting the foregoing, Seller shall, in the ordinary course, negotiate with prospective Tenants and enter into New Leases (on terms that Seller believes, in its good faith business judgment, to be market terms), enforce Leases in all material respects, perform in all material respects all of landlord's obligations under the Leases (other than Leases that are or that are in the process of being terminated due to Tenant's default thereunder, provided that this provision shall not be deemed breached by virtue of Seller's failure to perform under Leases expiring on or before December 30, 1997), and the ground lessee's obligations under the Ground Leases ) and pay all costs and expenses of the Properties, including without limitation debt service and Real Estate Taxes.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Brandywine Realty Trust)

Interim Operation of the Properties. (a) Except as otherwise contemplated or permitted by this Agreement or approved by Buyer in writing, from the Effective Date to the Closing Date, Seller agrees that it will operate, maintain, repair and lease the Real Property in the ordinary course, on an arm's-length basis and consistent with Seller's past practices and will not dispose of or encumber any Property, except for dispositions of personal property in the ordinary course of business or as otherwise permitted by Section 7.1 or Section 7.3. Without limiting the foregoing, Seller shall, in the ordinary course, negotiate with prospective Tenants and enter into New Leases (on terms that Seller believes, in its good faith business judgment, to be market terms), enforce Leases in all material respects, perform in all material respects all of landlord's obligations under the Leases (other than Leases that are or that are in the process of being terminated due to Tenant's default thereunder, provided that this provision shall not be deemed breached by virtue of Seller's failure to perform under Leases expiring on or before December 30, 1997), and the ground lessee's obligations under the Ground Leases ) and pay all costs and expenses of the Properties, including without limitation debt service and Real Estate Taxes.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Brandywine Realty Trust)

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Interim Operation of the Properties. (a) Except as otherwise contemplated or permitted by this Agreement or approved by Buyer in writing, from the Effective Date to the Closing Date, each Seller agrees that it will (and, with respect to the Partnership, the applicable Seller will cause the Partnership to) operate, maintain, repair and lease the Real Property owned by it in a prudent manner, in the ordinary course, on an arm's-length basis and consistent with such Seller's past practices and will not dispose of or encumber any Property, except for dispositions of personal property in the ordinary course of business or as otherwise permitted by Section 7.1 or Section 7.3. Without limiting the foregoing, Seller Sellers shall, in the ordinary course, negotiate with prospective Tenants and enter into New Leases (on terms that Seller believesSellers believe, in its their good faith business judgment, to be market terms), enforce Leases in all material respects, perform in all material respects all of landlord's obligations under the Leases (other than Leases that are or that are in the process of being terminated due to Tenant's default thereunder, provided that this provision shall not be deemed breached by virtue of Seller's Sellers' failure to perform under Leases expiring on or before December November 30, 1997), and the ground lessee's obligations under the Ground Leases and pay all costs and expenses of the Properties, including without limitation debt service and Real Estate Taxes.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Spieker Properties Inc)

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