Lease Expenses. At Closing, Buyer shall reimburse Seller for any and all fees paid by Seller prior to Closing or costs and expenses incurred by Seller prior to Closing (such fees, costs and expenses being herein collectively called the "Lease Expenses"), arising out of or in connection with: (a) any extensions, renewals or expansions under the Leases exerciseable and exercised by any tenant between the Effective Date and the Closing Date; and (b) any lease for space at the Property entered into between the Effective Date and the Closing Date, or any extension, renewal or expansion of a Lease where such Lease does not provide for its extension, renewal or expansion, entered into on or after the Effective Date which have been entered into in accordance with Section 13.1 (a "New Lease"). Lease Expenses shall include, without limitation, (i) brokerage commissions and fees to effect any such leasing transaction, (ii) expenses incurred for space planning and design, repairs, improvements, equipment, painting, decorating, partitioning and other items to satisfy the tenant's requirements with regard to such leasing transaction, (iii) legal fees for services in connection with the preparation of documents and other services rendered in connection with the effectuation of the leasing transaction, (iv) if there are any rent concessions covering any period that the tenant has the right to be in possession of the demised space, the rents that would have accrued during the period of such concession prior to the Closing Date as if such concession were amortized over (A) with respect to any extension or renewal, the term of such extension or renewal, (B) with respect to any expansion, that portion of the term remaining under the subject Lease after the date of any expansion, or (C) with respect to any New Lease, the entire initial term of any New Lease, and (v) expenses incurred for the purpose of satisfying or terminating the obligations of a tenant under a New Lease to the landlord under another lease (whether or not such other lease covers space in the Property). At the Closing, Buyer shall assume Seller's obligations to pay, when due (whether on a stated due date or accelerated) any Lease Expenses unpaid as of the Closing, and Buyer hereby agrees to indemnify and hold Seller harmless from and against any and all claims for such Lease Expenses which remain unpaid for any reason at the time of Closing, which obligations of Buyer shall survive the Closing and shall no be merged therein. Each party shall make available to the other all records, bills, vouchers and other data in such party's control verifying Lease Expenses and the payment thereof.
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Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)
Lease Expenses. At Closing, Buyer shall reimburse Seller for any and all fees paid by Seller prior to Closing or costs and expenses incurred by Seller prior to Closing (such fees, costs and expenses being herein collectively called the "Lease Expenses"), arising out of or in connection with:
(a) any extensionsto the extent approved by Buyer pursuant to Section 13.1 above, renewals or expansions under the Leases exerciseable and exercised by any tenant between the Effective Date and the Closing Date; and
(b) any lease for space at the Property entered into between the Effective Date date of the full execution of the Letter of Interest and the Closing Date, or any extension, renewal or expansion of a Lease where such Lease does not provide for its extension, renewal or expansion, entered into on or after the Effective Date which have been entered into in accordance with Section 13.1 date of the full execution of the Letter of Interest (a "New Lease"); and
(b) the proposed lease with Xxxxx Xxxxx. Lease Expenses shall include, without limitation, (i) brokerage commissions and fees to effect any such leasing transactiontransaction (including commissions payable to the property manager), (ii) expenses incurred for space planning and design, repairs, improvements, equipment, painting, decorating, partitioning and other items to satisfy the tenant's requirements with regard to such leasing transactiontransaction (with respect to New Leases, to the extent such expenses are reflected in the lease or in any documentation provided to Buyer prior to its consent to a New Lease), (iii) reasonable legal fees for services in connection with the preparation of documents and other services rendered in connection with the effectuation of the leasing transaction, (iv) if there are any rent concessions covering any period that the tenant has the right to be in possession of the demised space, the rents that would have accrued during the period of such concession prior to the Closing Date as if such concession were amortized over (A) with respect to any extension or renewal, the term of such extension or renewal, (B) with respect to any expansion, that portion of the term remaining under the subject Lease after the date of any expansion, or (C) with respect to any New Lease, the entire initial term of any New Lease, and (v) expenses incurred for the purpose of satisfying or terminating the obligations of a tenant under a New Lease to the landlord under another lease (whether or not such other lease covers space in the Property) (with respect to New Leases, to the extent such expenses are reflected in the lease or in any documentation provided to Buyer prior to its consent to a New Lease). At the Closing, Buyer shall assume Seller's obligations to pay, when due (whether on a stated due date or accelerated) any Lease Expenses unpaid as of the Closing, and Buyer hereby agrees to indemnify and hold Seller harmless from and against any and all claims for such Lease Expenses which remain unpaid for any reason at the time of Closing, which obligations of Buyer shall survive the Closing and shall no not be merged therein. Seller shall itemize such unpaid Lease expenses for Buyer at Closing. Each party shall make available to the other all records, bills, vouchers and other data in such party's control verifying Lease Expenses and the payment thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (CBL & Associates Properties Inc)
Lease Expenses. At Closing, Buyer shall reimburse Seller for any and all fees paid by Seller prior to Closing or costs and expenses incurred by Seller prior to Closing (such fees, costs and expenses being herein collectively called the "Lease Expenses"), arising out of or in connection with:
(a) any extensionsto the extent approved by Buyer pursuant to Section 13.1 above, renewals or expansions under the Leases exerciseable and exercised by any tenant between the Effective Date and the Closing Date; and
(b) any lease for space at the Property entered into between the Effective Date date of the full execution of the Letter of Interest and the Closing Date, or any extension, renewal or expansion of a Lease where such Lease does not provide for its extension, renewal or expansion, entered into on or after the Effective Date which have been entered into in accordance with Section 13.1 date of the full execution of the Letter of Interest (a "New Lease"); and
(b) the proposed lease with Xxxxx Xxxxx. Lease Expenses shall include, without limitation, (i) brokerage commissions and fees to effect any such leasing transactiontransaction (including commissions payable to the property manager), (ii) expenses incurred for space planning and design, repairs, improvements, equipment, painting, decorating, partitioning and other items to satisfy the tenant's requirements with regard to such leasing transactiontransaction (with respect to New Leases, to the extent such expenses are reflected in the lease or in any documentation provided to Buyer prior to its consent to a New Lease), (iii) reasonable legal fees for services in connection with the preparation of documents and other services rendered in connection with the effectuation of the leasing transaction, (iv) if there are any rent concessions covering any period that the tenant has the right to be in possession of the demised space, the rents that would have accrued during the period of such concession prior to the Closing Date as if such concession were amortized over (A) with respect to any extension or renewal, the term of such extension or renewal, (B) with respect to any expansion, that portion of the term remaining under the subject Lease after the date of any expansion, or (C) with respect to any New Lease, the entire initial initial, the entire term of any New Lease, and (v) expenses incurred for the purpose of satisfying or terminating the obligations of a tenant under a New Lease to the landlord under another lease (whether or not such other lease covers space in the Property) (with respect to New Leases, to the extent such expenses are reflected in the lease or in any documentation provided to Buyer prior to its consent to a New Lease). At the Closing, Buyer shall assume Seller's obligations to pay, when due (whether on a stated due date or accelerated) any Lease Expenses unpaid as of the Closing, and Buyer hereby agrees to indemnify and hold Seller harmless from and against any and all claims for such Lease Expenses which remain unpaid for any reason at the time of Closing, which obligations of Buyer shall survive the Closing and shall no not be merged therein. Seller shall itemize such unpaid Lease expenses for Buyer at Closing. Each party shall make available to the other all records, bills, vouchers and other data in such party's control verifying Lease Expenses and the payment thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (CBL & Associates Properties Inc)
Lease Expenses. At Closing, Buyer shall reimburse Seller for any and all fees paid by Seller prior to Closing or costs and expenses incurred by Seller prior to Closing (such fees, costs and expenses being herein collectively called the "Lease Expenses"), arising out of or in connection with:
(a) any extensions, renewals or expansions under the Leases exerciseable exercisable and exercised by any tenant between the Effective Date June 30, 1997, and the Closing Date; and
(b) any lease for space at the Property entered into between the Effective Date June 30, 1997, and the Closing Date, or any extension, renewal or expansion of a Lease where such Lease does not provide for its extension, renewal or expansion, entered into on or after the Effective Date which have been entered into in accordance with Section 13.1 June 30, 1997 (a "New Lease"). Notwithstanding the foregoing, in no event shall any of the Prospective Leases be treated as New Leases hereunder. Lease Expenses shall include, without limitation, (i) brokerage commissions and fees to effect any such leasing transactiontransaction (including commissions payable to the property manager), (ii) expenses expenses, as reflected in the lease or other documentation supplied to Buyer prior to its consent to a New Lease, which are incurred for space planning and design, repairs, improvements, equipment, painting, decorating, partitioning and other items to satisfy the tenant's requirements with regard to such leasing transaction, (iii) reasonable legal fees for services in connection with the preparation of documents and other services rendered in connection with the effectuation of the leasing transaction, (iv) if there are any rent concessions covering any period that the tenant has the right to be in possession of the demised space, the rents that would have accrued during the period of such concession prior to the Closing Date as if such concession were amortized over (A) with respect to any extension or renewal, the term of such extension or renewal, (B) with respect to any expansion, that portion of the term remaining under the subject Lease after the date of any expansion, or (C) with respect to any New Lease, the entire initial term of any New Lease, and (v) expenses expenses, as reflected in the lease or other documentation supplied to Buyer prior to its consent to a New Lease, which are incurred for the purpose of satisfying or terminating the obligations of a tenant under a New Lease to the landlord under another lease (whether or not such other lease covers space in the Property). At the Closing, Buyer shall assume Seller's obligations to pay, when due (whether on a stated due date or accelerated) any Lease Expenses with respect to New Leases unpaid as of the Closing, and Buyer hereby agrees to indemnify and hold Seller harmless from and against any and all claims for such Lease Expenses which remain unpaid for any reason at the time of Closing, which obligations of Buyer shall survive the Closing and shall no not be merged therein. Seller shall retain the obligation to pay all Lease Expenses with respect to Prospective Leases and shall indemnify and hold Buyer harmless regarding same. Each party shall make available to the other all records, bills, vouchers and other data in such party's control verifying necessary to verify Lease Expenses and the payment thereof.
Appears in 1 contract
Lease Expenses. At Closing, Buyer shall reimburse Seller for any and all fees paid by Seller prior to Closing or costs and expenses incurred by Seller prior to Closing (such fees, costs and expenses being herein collectively called the "Lease Expenses"), arising out of or in connection with:
(a1) any extensions, renewals or expansions under the Leases exerciseable exercisable and exercised by any tenant between the Effective Date date hereof and the Closing Date; and
(b2) provided the same has been approved by Buyer as provided above, any lease for space at the Property entered into between the Effective Date date hereof and the Closing Date, or any extension, renewal or expansion of a Lease where such Lease does not provide for its extension, renewal or expansion, entered into on or after the Effective Date which have been entered into in accordance with Section 13.1 date hereof (a "New Lease"). Lease Expenses shall include, without limitation, (i) brokerage commissions and fees to effect any such leasing transaction, (ii) expenses incurred for space planning and design, repairs, improvements, equipment, painting, decorating, partitioning and other items to satisfy the tenant's requirements with regard to such leasing transaction, (iii) legal fees for services in connection with the preparation of documents and other services rendered in connection with the effectuation of the leasing transaction, (iv) if there are any rent concessions covering any period that the tenant has the right to be in possession of the demised space, the rents that would have accrued during the period of such concession prior to the Closing Date as if such concession were amortized over (A) with respect to any extension or renewal, the term of such extension or renewal, (B) with respect to any expansion, that portion of the term remaining under the subject Lease after the date of any expansion, or (C) with respect to any New Lease, the entire initial term of any New Lease, and (v) expenses incurred for the purpose of satisfying or terminating the obligations of a tenant under a New Lease to the landlord under another lease (whether or not such other lease covers space in the Property). At the Closing, Buyer shall assume Seller's obligations to pay, when due (whether on a stated due date or accelerated) any Lease Expenses unpaid as of the Closing, and Buyer hereby agrees to indemnify and hold Seller harmless from and against any and all claims for such Lease Expenses which remain unpaid for any reason at the time of Closing, which obligations of Buyer shall survive the Closing and shall no not be merged therein. Each party shall make available to the other all records, bills, vouchers and other data in such party's control verifying Lease Expenses and the payment thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)