Common use of Items Not Prorated Clause in Contracts

Items Not Prorated. Seller and Buyer agree that (i) on the Closing, the Property will not be subject to any financing arranged by Seller other than the Loan; (ii) none of the insurance policies relating to the Property will be assigned to Buyer, and Buyer shall responsible for arranging for its own insurance effective immediately after the Closing Date; and (iii) utilities, including telephone, electricity, water and gas, shall be read on the Closing Date, and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to the name of Buyer immediately after the Closing Date, including the posting of any required deposits, and Seller shall be entitled to recover and retain from the providers of such utilities any refunds or overpayments to the extent applicable to the period prior to the Closing, and any utility deposits which it or its predecessors may have posted. Accordingly, there will be no prorations for debt service, insurance or utilities. In the event a meter reading is unavailable for any particular utility, such utility shall be prorated in the manner provided in Section 7.9.3 above.

Appears in 5 contracts

Samples: Agreement for Purchase and Sale (Landmark Apartment Trust of America, Inc.), Assignment and Assumption Agreement (Landmark Apartment Trust of America, Inc.), Agreement for Purchase and Sale (Landmark Apartment Trust of America, Inc.)

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Items Not Prorated. Seller and Buyer agree that (i) on the Closing, the Property will not be subject to any financing arranged by Seller other than the Loan; (ii) none of the insurance policies relating to the Property will be assigned to Buyer, and Buyer shall responsible for arranging for its own insurance effective immediately after the Closing Date; and (iii) utilities, including telephone, electricity, water and gas, shall be read on the Closing Date, and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to the name of Buyer immediately after the Closing Date, including the posting of any required deposits, and Seller shall be entitled to recover and retain from the providers of such utilities any refunds or overpayments to the extent applicable to the period prior to the Closing, and any utility deposits which it or its predecessors may have posted. Accordingly, there will be no prorations for debt service, insurance or utilities. In the event a meter reading is unavailable for any particular utility, such utility shall be prorated in the manner provided in Section 7.9.3 above.. 13 - AGREEMENT FOR PURCHASE AND SALE

Appears in 3 contracts

Samples: Agreement for Purchase and Sale (Landmark Apartment Trust of America, Inc.), Agreement for Purchase and Sale (Landmark Apartment Trust of America, Inc.), Agreement for Purchase and Sale (Landmark Apartment Trust of America, Inc.)

Items Not Prorated. Seller and Buyer agree that (i) on the Closing, the Property will not be subject to any financing arranged by Seller other than the Existing Loan; (ii) none of the insurance policies relating to the Property will be assigned to Buyer, and Buyer shall responsible for arranging for its own insurance effective immediately after the Closing Date; and (iii) utilities, including telephone, electricity, water and gas, shall be read on the Closing Date, and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to the name of Buyer immediately after the Closing Date, including the posting of any required deposits, and Seller shall be entitled to recover and retain from the providers of such utilities any refunds or overpayments to the extent applicable to the period prior to the Closing, and any utility deposits which it or its predecessors may have posted. Accordingly, there will be no prorations for debt service, insurance or utilities. In the event a meter reading is unavailable for any particular utility, such utility shall be prorated in the manner provided in Section 7.9.3 7.7.2 above.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (NNN 2003 Value Fund LLC)

Items Not Prorated. Seller and Buyer agree that (i) on the Closing, the Property will not be subject to any financing arranged by Seller other than the LoanSeller; (ii) none of the insurance policies relating to the Property will be assigned to Buyer, and Buyer shall be responsible for arranging for its own insurance effective immediately after the Closing Date; and (iii) to the extent not already in the Tenants' name, utilities, including telephone, electricity, water and gas, shall be read on the Closing Date, and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to the name of Buyer immediately after the Closing Date, including the posting of any required deposits, and Seller shall be entitled to recover and retain from the providers of such utilities any refunds or overpayments to the extent applicable to the period prior to the ClosingClosing Date, and any utility deposits which it or its predecessors may have posted. Accordingly, there will be no prorations for debt service, insurance or utilities. In the event a meter reading is unavailable for any particular utility, such utility shall be prorated in the manner provided in Section 7.9.3 7.7.1.3 above.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Hartman vREIT XXI, Inc.)

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Items Not Prorated. Seller and Buyer agree that (ia) on the ClosingClosing Date, the Property will not be subject to any financing arranged by Seller (other than the HUD Loan); (iib) none of the insurance policies relating to the Property will be assigned to Buyer, Buyer and Buyer shall be responsible for arranging for its own insurance effective immediately after as of the Closing Date; and (iiic) utilities, including telephone, electricity, water and gas, shall be read on the Closing Date, Date and Buyer shall be responsible for all the necessary actions needed to arrange for utilities to be transferred to the name of Buyer immediately after on the Closing Date, including the posting of any required deposits, deposits and the applicable Seller shall be entitled to recover and retain from the providers of such utilities any refunds or overpayments to the extent applicable to the period prior to the ClosingClosing Date, and any utility deposits which it or its predecessors may have posted. Accordingly, there will be no prorations for debt serviceservice (other than the HUD Loan), insurance or utilities. In the event a meter reading is unavailable for any particular utility, such utility shall be prorated in the manner provided in Section 7.9.3 6.8.2 above.. 15 6.8.4

Appears in 1 contract

Samples: Purchase and Sale Agreement

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