Common use of Items Not to be Prorated Clause in Contracts

Items Not to be Prorated. There shall be no prorations or adjustments of any kind with respect to: (i) Insurance Premiums; (ii) Delinquent Rents for Full Months Prior to the Month in which the Closing Occurred. Delinquent rents for full months prior to the month in which the Closing occurred shall remain the property of Seller, and Buyer shall have no claim thereto whether collected by Seller or Buyer, before or after the Closing, and no responsibility of any kind with respect thereto except as specifically set forth herein. Seller may take all appropriate collection measures (including litigation if deemed by Seller to be necessary or desirable), except that Seller may not seek any remedy which would interfere with the Tenant’s continued occupancy and full use of its premises under such Tenant’s Lease, or Buyer’s rights to receive Rent with respect to any period beginning on the Closing Date. In the event that Buyer collects any such delinquent rents, Buyer shall promptly pay such amounts over to Seller in accordance with the procedures set forth subsection (d) below. The foregoing notwithstanding, in the event that Seller has commenced legal collection proceedings against any Tenant prior to the Closing Date, Seller shall have the right, but not the obligations, to continue to prosecute such proceedings at its own cost and expense, and to seek any remedy to which it may be entitled.

Items Not to be Prorated. There shall be no prorations or adjustments of any kind with respect to: (i) Insurance PremiumsINSURANCE PREMIUMS; (ii) Delinquent Rents for Full Months Prior to the Month in which the Closing OccurredDELINQUENT RENTS FOR FULL MONTHS PRIOR TO THE MONTH IN WHICH THE CLOSING OCCURRED. Delinquent rents for full months prior to the month in which the Closing occurred shall remain the property of SellerTransferors, and except as set forth herein, Buyer shall have no claim thereto whether collected by Seller Transferors or Buyer, before or after the Closing, and no responsibility of any kind with respect thereto except as specifically set forth herein. Seller Transferors may take all appropriate collection measures (including litigation if deemed by Seller Transferors to be necessary or desirable), except that Seller Transferors may not seek any remedy which would interfere with the Tenant’s 's continued occupancy and full use of its premises under such Tenant’s 's Lease, or Buyer’s 's rights to receive Rent with respect to any period beginning on the Closing Date. If requested by Transferors, Buyer shall use reasonable efforts in accordance with its standard collection practices to collect delinquent rents on Transferors' behalf. In the event that Buyer collects any such delinquent rents, Buyer shall promptly pay such amounts over to Seller Transferors in accordance with the procedures set forth subsection (d) belowbelow less the amount of Buyer's out of pocket third party collection costs. The foregoing notwithstanding, in the event that Seller has Transferors have commenced legal collection proceedings against any Tenant prior to the Closing Approval Date, Seller Transferors shall have the right, but not the obligations, to continue to prosecute such proceedings at its their own cost and expense, and to seek any remedy to which it may be entitled.

Items Not to be Prorated. There shall be no prorations or adjustments of any kind with respect to: (i) Insurance Premiums;. Buyer shall be responsible to obtain insurance covering such risks as Buyer deems necessary or appropriate, commencing as of the Closing Date. (ii) Delinquent Rents for Full Months Prior to the Month in which the Closing Occurred. Delinquent rents for full months prior to the month in which the Closing occurred shall remain the property of Seller, and Buyer shall have no claim thereto thereto, whether collected by Seller or Buyer, before or after the Closing, and no responsibility of any kind with respect thereto except as specifically set forth herein. Seller may shall have the right to take all appropriate collection measures against any delinquent Tenant (including litigation if deemed by Seller to be necessary or desirablelitigation), except that however Seller may shall not seek any remedy which would interfere with the Tenant’s continued occupancy and full use of its premises under such Tenant’s Lease, or Buyer’s rights to receive Rent with respect to any period beginning on from or after the Closing Date. In the event that Buyer collects any such delinquent rentsrents relating to any period before the Closing Date, Buyer shall promptly pay such amounts over to Seller in accordance with the procedures set forth in subsection (d) below. The foregoing notwithstanding, in the event that If Seller has commenced legal collection proceedings against takes action to collect delinquent Rents from any Tenant prior to the Closing DateTenant, Seller shall have the rightindemnify, but not the obligationsprotect, to continue to prosecute such proceedings at its own cost and expensedefend, and hold Buyer harmless from (i) costs and expenses reasonably incurred by Buyer (including reasonable attorney’s fees) in connection with any claims asserted against Buyer by such Tenant in defense against such collection measures by Seller, except to seek any remedy the extent such claims are based on wrongdoing on the part of Buyer, and (ii) costs or expenses (including reasonable attorney’s fees and costs) reasonably incurred by Buyer if as part of such defense against Seller’s collection efforts Tenant seeks to which it may be entitledadd Buyer as a party or witness, or take discovery from Buyer. The foregoing indemnity shall survive the Close of Escrow and the termination of this Agreement.