Common use of Items to be Prorated Clause in Contracts

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date (a)Rents. All fixed and, except as set forth in Section 8D(3), additional rentals under the Tenant Leases and other tenant charges received by Seller prior to the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period from and after the Closing Date. Notwithstanding the foregoing, Seller shall receive a credit at Closing for any accrued but unpaid rent or other amounts due to the “Lessor” under the Tenant Leases as of the Closing Date, subject to any set-off rights or defenses thereunder. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing are not properly applied or forfeited and the Tenant Lease terminated prior to the Closing Date) to Buyer on the Closing Date. At Closing, Seller shall deliver or cause the delivery to Buyer of any security deposits under the Tenant Leases which are held in the form of letters of credit. Notwithstanding anything to the contrary contained herein, Seller shall retain all rights relating to any rents or other amounts of any kind owed by the tenant under the Tenant Leases applicable to any period (or portion thereof) occurring prior to Closing. (b)

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date Date: (a)Rentsa) All real estate taxes and assessments on the Property for the current year. All fixed and, except as set forth In no event shall Seller be charged with or be responsible for any increase in Section 8D(3), additional rentals under the Tenant Leases and other tenant charges received by Seller prior to taxes on the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all Property resulting from the sale of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period Property or from and any improvements made or leases entered into on or after the Closing Date. Notwithstanding In the foregoingevent that any assessments on the Property are payable in installments, Seller then the installment for the current period shall receive a credit at Closing for be prorated (with Buyer assuming the obligation to pay any accrued but unpaid rent or other amounts installments due to the “Lessor” under the Tenant Leases as of after the Closing Date). (b) All fixed and additional rentals under the Leases, subject to any set-off rights or defenses thereundersecurity deposits and other tenant charges. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing were made by tenants under the tenant leases and are not properly applied or forfeited and the Tenant Lease terminated prior to the Closing Date) to Buyer on the Closing Date. At ClosingRents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall diligently pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default in any Lease). To the extent Buyer receives rents on or after the Closing Date, Seller such payments shall deliver or cause the delivery be applied first toward then current rent owed to Buyer in connection with the applicable Lease for which such payments are received, and any excess monies received shall be applied toward the payment of any security deposits under delinquent rents, with Seller's share thereof being promptly delivered to Seller. Buyer may not waive any delinquent rents nor modify a Lease so as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller's written consent. Seller hereby reserves the Tenant Leases which right to pursue any remedy against any tenant owing delinquent rents and any other amounts to Seller. Buyer shall reasonably cooperate with Seller in any collection efforts hereunder (but shall not be required to litigate or declare a default in any Lease). With respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are held in no longer tenants of the form Property as of letters of credit. Notwithstanding anything to the contrary contained hereinClosing Date, Seller shall retain all rights relating to any rents or other amounts of any kind owed by the tenant under the Tenant Leases applicable to any period (or portion thereof) occurring prior to Closingthereto. (bc) All utility costs and other normal and customary operating expenses. (2)

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date Date: (a)Rentsa) All real estate taxes and assessments on the Property for the current year. All fixed and, except as set forth In no event shall Seller be charged with or be responsible for any increase in Section 8D(3), additional rentals under the Tenant Leases and other tenant charges received by Seller prior to taxes on the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all Property resulting from this sale of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period Property or from and any improvements made or leases entered into on or after the Closing Date. Notwithstanding If any assessments on the foregoingProperty are payable in installments, Seller then the installment for the current period shall receive a credit at Closing for be prorated (with Buyer assuming the obligation to pay any accrued but unpaid rent or other amounts installments due to the “Lessor” under the Tenant Leases as of after the Closing Date). (b) All fixed and additional rentals under the leases, subject to and any set-off rights or defenses thereunderrefundable security deposits. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing are held by Seller and are not properly applied or forfeited and the Tenant Lease terminated prior to the Closing Date) to Buyer on the Closing Date. At ClosingRents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall diligently pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default in any lease). To the extent Buyer receives rents on or after the Closing Date, Seller such payments shall deliver or cause the delivery be applied first toward then current rent owed to Buyer in connection with the applicable lease for which such payments are received, and any excess monies received shall be applied toward the payment of any security deposits under delinquent rents, with Seller's share thereof being promptly delivered to Seller. Buyer may not waive any delinquent rents nor modify a lease so as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller's written consent. Seller hereby reserves the Tenant Leases which right to pursue any remedy against any tenant owing delinquent rents and any other amounts to Seller. Buyer shall reasonably cooperate with Seller in any collection efforts hereunder (but shall not be require to litigate or declare a default in any lease). With respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are held in no longer tenants of the form Property as of letters of credit. Notwithstanding anything to the contrary contained hereinClosing Date, Seller shall retain all rights relating to any rents or other amounts of any kind owed by the tenant under the Tenant Leases applicable to any period (or portion thereof) occurring prior to Closingthereto. (bc) All operating expenses. (2)

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date Date: (a)Rentsa) All real estate taxes and assessments on the Property which are payable in 1996 (such proration being made on a pro-rata basis based on the respective periods of ownership of Seller and Buyer during 1996, notwithstanding that such taxes are for the 1995 tax year). All fixed andBuyer shall assume the obligations to pay taxes for 1996, except as set forth payable in Section 8D(3)1997, additional rentals under the Tenant Leases and other tenant charges received by Seller prior to the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all of tax years thereafter. In no event shall Seller be charged with or be responsible for any increase in the same allocable to taxes on the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period Property resulting from and any improvements made or leases entered into on or after the Closing Date. Notwithstanding If any assessments on the foregoingProperty are payable in installments, then the installment for the current period as aforesaid shall be prorated (with Buyer assuming the obligation to pay any installments due after the Closing Date). If tax refunds become payable for periods for which Seller was obligated to pay taxes hereunder, Seller shall receive a credit at Closing for be entitled to the same (and any accrued but unpaid rent or other such amounts due Seller shall be promptly paid over to the “Lessor” Seller upon receipt by Buyer). (b) All fixed and additional rentals under the Tenant Leases as of the Closing Dateleases, subject to any set-off rights or defenses thereundersecurity deposits and other tenant charges. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing are have not properly been applied or forfeited and the Tenant Lease terminated prior to the Closing Date) to Buyer on the Closing Date. At ClosingRents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall diligently pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default in any lease). To the extent Buyer receives rents on or after the Closing Date, Seller such payments shall deliver or cause the delivery be applied first toward then current rent owed to Buyer in connection with the applicable lease for which such payments are received, and any excess monies received shall be applied toward the payment of any security deposits under delinquent rents, with Seller's share thereof being promptly delivered to Seller. Buyer may not waive any delinquent rents nor modify a lease so as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller's written consent. Seller hereby reserves the Tenant Leases which right to pursue any remedy against any tenant owing delinquent rents and any other amounts to Seller. Buyer shall reasonably cooperate with Seller in any collection efforts hereunder (but shall not be require to litigate or declare a default in any lease). With respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are held in no longer tenants of the form Property as of letters of credit. Notwithstanding anything to the contrary contained hereinClosing Date, Seller shall retain all rights relating thereto. (c) All operating expenses. (d) Notwithstanding anything to any rents or other amounts of any kind owed by the contrary contained in this Agreement, Seller shall be responsible for the tenant under improvement costs and leasing commissions more particularly described in Exhibit "I" attached hereto and made a part hereof. If on or before the Tenant Leases applicable Closing Date, Seller has not paid such tenant improvement costs or leasing commissions, then Seller shall credit Buyer with an amount equal to any period (or portion thereof) occurring prior to Closingthe unpaid amounts with respect thereto. (b2)

Items to be Prorated. The following items of revenue and expense set forth in this Section 15 shall be prorated between Seller and Buyer as of the Cutoff Time (or such other time as expressly set forth herein) with Buyer being deemed the owner of the Property as of the Closing Date (a)Rentsand with Buyer receiving credit for or charged with the entire day of the Closing. All fixed andNotwithstanding the foregoing, except as however, the items of revenue and expense set forth in this Section 8D(3)15 that pertain to the operation (excluding, additional rentals under for example, those pertaining to the Tenant Leases Land, Appurtenances, Improvements and other tenant charges received by Personal Property) of the nursing facility component of The Fountains at Canterbury, Oklahoma City, Oklahoma, shall be prorated between Seller and Buyer as of the date when Buyer receives all Governmental Approvals to become the licensed operator of the nursing facility component, and solely for the purposes of such prorations, Buyer shall be treated as the owner of those items of Property that pertain to the operation of the nursing facility component and that can only be transferred upon Buyer’s receipt of the Required Governmental Approvals as of said date and with Buyer receiving credit for or charged with the entire day of said date. Except as hereinafter expressly provided, all prorations shall be done on the basis of the actual number of days in the year in which Closing occurs for the actual number of days elapsed prior to the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all or the actual number of days in the same allocable to the period up to month in which the Closing Date and Buyer being charged and credited for all of the same allocable to the period from and after the Closing Date. Notwithstanding the foregoing, Seller shall receive a credit at Closing for any accrued but unpaid rent or other amounts due to the “Lessor” under the Tenant Leases as of the Closing Date, subject to any set-off rights or defenses thereunder. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing are not properly applied or forfeited occurs and the Tenant Lease terminated actual number of days elapsed in such month prior to the Closing Date) , as applicable. Any net credit due to Seller as a result of the adjustments and prorations under this Section 15 shall be paid to Seller in cash at the time of the Closing. Any net credit due to Buyer on as a result of the Closing Date. At adjustments and prorations under this Section 15 shall be credited against the Purchase Price at the time of the Closing, Seller shall deliver or cause the delivery to Buyer of any security deposits under the Tenant Leases which are held in the form of letters of credit. Notwithstanding anything to the contrary contained herein, Seller shall retain all rights relating to any rents or other amounts of any kind owed by the tenant under the Tenant Leases applicable to any period (or portion thereof) occurring prior to Closing. (b).

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date Date: (a)Rentsa) All real estate taxes and assessments on the Property for the current year. All fixed andIf any assessments against the Property are payable in installments, except as set forth in Section 8D(3), additional rentals under then the Tenant Leases and other tenant charges received by Seller prior to installment for the Closing Date current period shall be prorated between (with Buyer and Seller, assuming the obligation to pay any installments due after the Closing Date). In no event shall Seller being be charged and credited with or be responsible for all any increase in the taxes on the Property resulting from the sale of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period Property or from and any improvements made or leases entered into on or after the Closing Date. Notwithstanding the foregoing, (b) The Seller shall receive a credit at Closing for any accrued but unpaid rent or other amounts due pay to the “Lessor” under Buyer, in cash at Closing, the Tenant Leases as amount of the Closing Date, subject to any set(i) refundable deposits and (ii) pre-off rights or defenses thereunder. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid paid rentals for periods from and after the Closing Date and all refundable security deposits (Closing, to the extent the foregoing are was actually collected by Seller under the leases and not properly applied or forfeited and the Tenant Lease terminated prior to the Closing Date. (c) All fixed and additional rentals under the leases, and other tenant charge to Buyer on the Closing Date. At ClosingRents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall diligently pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default in any lease). To the extent Buyer receives rents on or after the Closing Date, Seller such payments shall deliver or cause the delivery be applied first toward then current rent owed to Buyer in connection with the applicable lease for which such payments are received, and any excess monies received shall be applied toward the payment of any security deposits under delinquent rents, with Seller's share thereof being promptly delivered to Seller. Buyer may not waive or release any delinquent rents for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller's written consent. Seller hereby reserves the Tenant Leases which right to pursue any remedy against any tenant owing delinquent rents and any other amounts to Seller. Buyer shall reasonably cooperate with Seller in any collection efforts hereunder (but shall not be required to litigate or declare a default in any lease). With respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are held in no longer tenants of the form Property as of letters of credit. Notwithstanding anything to the contrary contained hereinClosing Date, Seller shall retain all rights relating thereto. (d) All operating expenses. (e) All utility deposits shall be, at Buyer's option, either purchased by Buyer from Seller or refunded to any rents or other amounts of any kind owed Seller by the tenant under utility company at Closing with new deposits made by Buyer. Seller shall reasonably cooperate with Buyer in having the Tenant Leases applicable meters read as of the Closing Date and maintaining uninterrupted service to any period (or portion thereof) occurring prior to Closingthe Property. (b2)

Items to be Prorated. The following shall be prorated between Seller and Buyer as of the Closing Date Date: (a)Rentsa) All real estate taxes and assessments on the Property for the current year. All fixed and, except as set forth In no event shall Seller be charged with or be responsible for any increase in Section 8D(3), additional rentals under the Tenant Leases and other tenant charges received by Seller prior to taxes on the Closing Date shall be prorated between Buyer and Seller, Seller being charged and credited for all Property resulting from the sale of the same allocable to the period up to the Closing Date and Buyer being charged and credited for all of the same allocable to the period Property or from and any improvements made or leases entered into on or after the Closing Date. Notwithstanding In the foregoingevent that any assessments on the Property are payable in installments, Seller then the installment for the current period shall receive a credit at Closing for be prorated (with Buyer assuming the obligation to pay any accrued but unpaid rent or other amounts installments due to the “Lessor” under the Tenant Leases as of after the Closing Date). Seller shall be obligated to pay for those taxes accruing during its term of ownership of the Property, subject to any set-off rights or defenses thereunderregardless of when the bills for such taxes are received. (b) All fixed and additional rentals under the Leases and other tenant charges. Seller shall deliver or provide a credit in an amount equal to Buyer's share of all prepaid rentals for periods from and after the Closing Date and all refundable security deposits (to the extent the foregoing were made by tenants under the tenant leases and are not properly applied or forfeited and the Tenant Lease terminated prior to the Closing DateDate in accordance with such tenant leases in Seller's normal course of business as more particularly set forth in paragraph 7D(3) below) to Buyer on the Closing Date. At ClosingRents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall diligently pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default in any Lease). To the extent Buyer receives rents on or after the Closing Date, Seller such payments shall deliver or cause the delivery be applied first toward then current rent owed to Buyer in connection with the applicable Lease for which such payments are received, and any excess monies received shall be applied toward the payment of any security deposits under delinquent rents, with Seller's share thereof being promptly delivered to Seller. Buyer may not waive any delinquent rents nor modify a Lease so as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller's written consent. Seller may not pursue any remedy against any tenant which is still a tenant of the Tenant Leases which Property as of the Closing Date without first obtaining Buyer's written consent. With respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are held in no longer tenants of the form Property as of letters of credit. Notwithstanding anything to the contrary contained hereinClosing Date, Seller shall retain all rights relating to any rents or other amounts of any kind owed by the tenant thereto. (c) All payments due under the Tenant Leases applicable to any period "Service Agreements" (or portion thereofas hereinafter defined) occurring prior to which are being assigned to, and assumed by, Buyer at Closing. (bd) All utility costs and other normal and customary operating expenses. (2)