Lease Enforcement. Seller shall have the right, but not the obligation (except to the extent that the Company’s failure to act shall constitute a waiver of such rights or remedies), to cause the Company to enforce the rights and remedies of the landlord under any Lease, by summary proceedings or otherwise (including, without limitation, the right to remove any tenant), and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants, and the exercise of any such rights or remedies shall not affect the obligations of Buyer under this Agreement in any manner or entitle Buyer to a reduction in, or credit or allowance against, the Purchase Price or give rise to any other claim on the part of Buyer.
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Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)
Lease Enforcement. Prior to the Closing hereunder, Seller shall have the right, but not the obligation (except to the extent that the Company’s Seller's failure to act shall constitute a waiver of such rights or remedies), to cause the Company to enforce the rights and remedies of the landlord under any Lease, by summary proceedings or otherwise (including, without limitation, the right to remove any tenant), and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants, and the exercise of any such rights or remedies shall not affect the obligations of Buyer under this Agreement in any manner or entitle Buyer to a reduction in, or credit or allowance against, the Purchase Price or give rise to any other claim on the part of Buyer.
Appears in 1 contract
Lease Enforcement. Seller shall have the right, but not the obligation (except to the extent that the CompanySeller’s failure to act shall constitute a waiver of such rights or remedies), to cause the Company to enforce the rights and remedies of the landlord under any Lease, by summary proceedings or otherwise (including, without limitation, the right to remove any tenant), and to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenantstenants existing no less than thirty (30) days, and the exercise of any such rights or remedies shall not affect the obligations of Buyer under this Agreement in any manner or entitle Buyer to a reduction in, or credit or allowance against, the Purchase Price or give rise to any other claim on the part of Buyer.
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Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.)
Lease Enforcement. Prior to the Closing, without Buyer’s prior written consent in each instance, Seller shall not have the right, but not the obligation (except to the extent that the Company’s failure to act shall constitute a waiver of such rights or remedies), to cause the Company right to enforce the rights and remedies of the landlord under any Lease, by summary proceedings or otherwise (including, without limitation, the right to remove any tenant), and or to apply all or any portion of any security deposits then held by Seller toward any loss or damage incurred by Seller by reason of any defaults by tenants, and the . The exercise of any such rights or remedies in accordance with the terms of this Section, and the refusal of Buyer to consent as aforesaid, shall not affect the obligations of Buyer under this Agreement in any manner or entitle Buyer to a reduction in, or credit or allowance against, the Purchase Price or give rise to any other claim on the part of Buyer.
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Samples: Purchase and Sale Agreement (Wells Real Estate Fund v L P)