Leasing Expenses. At Closing, Purchaser shall reimburse Seller for any and all New Lease Expenses (as hereinafter defined) to the extent that the same have been paid by Seller prior to Closing. In addition, at Closing, Purchaser shall expressly assume and accept, in writing, Seller’s obligations to pay when due any New Lease Expenses unpaid as of the Closing. “New Lease Expenses” shall mean, collectively, any and all commissions and fees or costs and expenses (including tenant improvement costs) arising out of or in connection with either or both of (i) any extension, renewal or expansion of any Existing Lease exercised between the Contract Date and the Closing Date and (ii) any New Lease. New Lease Expenses shall include, without limitation, (a) third party brokerage commissions and fees to effect any such leasing transaction, (b) expenses incurred for repairs and tenant improvements, and (c) 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. Commissions of leasing and rental agents and tenant improvement allowances for any Existing Leases relating to the base lease term or any renewal term that is elected or with respect to which an option is exercised, as the case may be, prior to the Contract Date shall be paid in full at or prior to Closing by Seller, without contribution or proration from Purchaser (any such commissions or tenant improvements allowances, “Seller’s Commissions”). Third party commissions of leasing and rental agents and tenant improvement allowances for (x) any renewals (other than renewals elected or with respect to which an option is exercised prior to the Contract Date) or expansions of any Existing Lease, and (y) any New Leases shall be the sole responsibility of Purchaser, without contribution or proration from Seller (any such commissions or tenant improvements allowances, “Purchaser’s Commissions”). Seller hereby indemnifies, protects, defends and holds Purchaser, and its successors and assigns (the “Purchaser’s Indemnified Parties”), harmless from and against any and all Losses that any or all of Purchaser and any Purchaser’s Indemnified Parties actually suffer and incur as a result of the failure by Seller to timely pay or discharge any of the Seller’s Commissions. Purchaser hereby indemnifies, protects, defends and holds Seller and the Seller Indemnified Parties harmless from and against all Losses that any or all of Sell...
Leasing Expenses. Costs incurred in connection with negotiations or disputes with other occupant(s) of the Project, and Costs arising from the violation by Landlord or any occupant of the Project (other than Tenant) of the terms and conditions of any lease or other agreement.
Leasing Expenses. Any lease commissions or tenant improvement costs which are incurred by Seller in connection with any existing Lease(s) as of the date of Closing shall be Seller’s responsibility.
Leasing Expenses. Fees, commissions, attorneys' fees, auditing fees, brokerage fees or commissions, and other costs incurred in connection with negotiations or disputes with any other current, past, or prospective occupant or tenant of the Land or in preparing, negotiating or enforcing leases or lease-related documents such as guarantees, estoppels, nondisturbance agreements, amendments, subleases, assignments, and the like; and costs arising from the violation by Landlord or any occupant of the Land (other than Tenant) of the terms and conditions of any lease or other agreement, and any rental concessions or buyouts or tenant relocations.
Leasing Expenses. The fees, commissions, attorneys fees, and ---------------- other costs incurred in connection with negotiations or disputes with any other occupant of the Building and costs arising from the violation by Lessor or any occupant of the Building of the terms and condition of any lease or other agreement.
Leasing Expenses. Seller agrees to pay or discharge at or prior to the Close of Escrow, or to provide a credit to Buyer upon the Close of Escrow for, all brokerage commissions, tenant improvement allowances and free or abated rent (collectively, “Lease Inducement Costs”) that are payable with respect to Leases in force as of or prior to the Close of Escrow; provided, however, that Seller shall have no obligation to pay, as of the Close of Escrow Buyer shall be deemed to have assumed the obligation to pay, and from and after the Close of Escrow Buyer shall indemnify, defend and hold Seller harmless from and against, (i) any and all Lease Inducement Costs payable with respect to any option to renew or option to expand that has not been exercised as of or prior to the Close of Escrow, and (ii) any and all Lease Inducement Costs incurred with respect to Leases and renewals, extensions, amendments and terminations thereof executed subsequent to the Close of Escrow. Buyer shall indemnify, defend and hold Seller harmless from and against any and all Lease Inducement Costs as to which Seller provides Buyer a credit upon the Close of Escrow.
Leasing Expenses. Purchaser shall be responsible for, and shall indemnify and hold Seller harmless against, any brokerage commissions, tenant improvement expenses and other leasing costs in connection with any Tenant Leases executed after the date of this Agreement, lease amendments executed after the date hereof or in connection with options exercised after the date of this Agreement, including any such costs payable pursuant to the C&W Commission Agreement. In addition, Purchaser shall give Seller a credit at Closing for any such expenses or costs which are paid by Seller prior to Closing in connection with any Tenant Leases or amendments thereto executed, or options under Tenant Leases exercised, after the date of this Agreement. On or before Closing, Seller will either pay or give Purchaser a credit for the unpaid portion of the Unfunded Allowance or any unpaid commissions for any Tenant Leases and tenant lease amendments executed prior to the date of this Agreement, except for any commissions due and payable under the C&W Commission Agreement in connection with any options exercised after the date hereof under the Tenant Lease with Pactra USA, Inc.; and Purchaser shall be responsible for paying such portion after Closing.
Leasing Expenses. Fees, commissions, attorneys' fees, Costs or other ---------------- disbursements incurred in connection with negotiations, disputes with, or the breach of a lease by, any other occupant of the Premises.
Leasing Expenses. Fees, commissions, attorney's fees, Costs or ---------------- other disbursement incurred in connection with marketing the Building or negotiations or disputes with any other occupant of the Building.
Leasing Expenses. Seller and Purchaser hereby acknowledge that certain outstanding Seller’s Commissions have not been paid by Seller as of the date hereof (the “Outstanding Seller’s Commissions”). The full and complete amount of the Outstanding Seller’s Commissions has not, as of the date hereof, been determined; provided, however, Seller estimates that the amount of the Outstanding Seller’s Commissions is equal to $1,179,966.60 (the “Seller’s Commission Credit”). Notwithstanding anything contained in the Agreement to the contrary, Seller and Purchaser have agreed that Seller shall provide Purchaser with a credit at Closing equal to the Seller’s Commission Credit (rather than Seller paying such Outstanding Seller’s Commissions at Closing). In the event that Seller’s estimate of the Outstanding Seller’s Commissions shall prove incorrect, either party shall be entitled to an adjustment to correct the same. Upon Purchaser’s receipt of such Seller’s Commission Credit at Closing, Purchaser shall assume the obligation to pay when due the Outstanding Seller’s Commissions and the Outstanding Seller’s Commissions shall be deemed to be “Purchaser’s Commissions” for all purposes of Section 10.4 of the Agreement, including the Purchaser’s indemnification of the Seller’s Indemnified Parties set forth therein; provided, however, Purchaser’s obligations to pay the Outstanding Seller’s Commissions and Purchaser’s indemnification obligations with respect thereto, shall be limited to the amount of the Seller’s Commission Credit as may be adjusted pursuant hereto following Closing. Any amount of Seller’s Commissions in excess of the Seller’s Commission Credit which is not paid by Seller to Purchaser pursuant hereto (“Excess Seller’s Commission Amounts”) shall continue to be “Seller’s Commissions” for all purposes under Section 10.4 of the Agreement and shall be subject to the Seller’s indemnification of the Purchaser’s Indemnified Parties set forth therein until such time as Seller shall pay such Excess Seller’s Commission Amounts to Purchaser pursuant hereto.
