Common use of New Contracts Clause in Contracts

New Contracts. Not enter into any new contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate or otherwise modify any Contract (except as set forth in Section 3.3(g)), without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion unless (i) such contract contains a thirty (30) day termination provision and provides for total payments which are in no event greater than $50,000, or (ii) is necessary to preserve the safety of the Tenants or the Property; provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto, in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretion. If such Seller enters into any contract after the date of this Agreement with the approval of the Buyer or as permitted in clause (i) through (ii) above, then such new contract shall be included in the definition of “Contract” and added to Schedule 3.2(b) attached hereto, and, provided that Buyer elects in writing to assume such contract, shall be included in the definition of “Assumed Contracts” and added to Schedule C attached hereto. If the Buyer does not reject or approve a contract or Contract amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new contract or Contract amendment; provided that such notice includes specific reference to this Section 3.3(c) and the deemed approval provision hereof.

New Contracts. Not enter into any new contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate or otherwise modify any Contract (except as set forth in Section 3.3(gsubsection 3.3(h)), without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion unless (i) such contract contains a thirty (30) day termination provision and provides for total payments which are in no event greater than $50,000, 50,000 or (ii) is necessary to preserve the safety of the Tenants or the Property; , provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto), in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretion. If such a Seller enters into any contract after the date of this Agreement with the approval of the Buyer or as permitted in clause (i) through (ii) above, then such new contract shall be included in the definition of “Contract” and added to Schedule 3.2(b) attached hereto, and, provided that Buyer elects in writing to assume such contract, shall be included in the definition of “Assumed Contracts” and added to Schedule C attached hereto. C. If the Buyer does not reject or approve a new contract or Contract amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new contract or Contract amendment; provided that such notice includes specific reference to this Section 3.3(c) and the deemed approval provision hereof.

New Contracts. Not enter into any new contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate or otherwise modify any Contract (except as set forth in Section 3.3(g)), without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion unless (i) such contract contains a thirty (30) day termination provision and provides for total payments which are in no event greater than $50,000, or (ii) is necessary to preserve the safety of the Tenants or the Property; provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto, in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretion. If such Seller enters into any contract after the date of this Agreement with the approval of the Buyer or as permitted in clause (i) through (ii) above, then such new contract shall be included in the definition of “Contract” and added to Schedule 3.2(b) attached hereto, and, provided that Buyer elects in writing to assume such contract, shall be included in the definition of “Assumed Contracts” and added to Schedule C attached hereto. If the Buyer does not reject or approve a contract or Contract amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new contract or Contract amendment; provided that such notice includes specific reference to this Section 3.3(c) and the deemed approval provision hereof.

New Contracts. Not From and after the Effective Date until Closing, Seller shall not enter into any new contracts third party Contracts relating to such Seller’s Transferred the Assets, nor amend, supplement, terminate or otherwise modify any Contract (except as set forth Contract, in Section 3.3(g)), each case without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion unless discretion, provided, however: (i) such contract contains Buyer’s consent shall not be required with respect to any Contract or amendment or modification to any Contract that (A) is entered into by Seller in the ordinary course of business at, or for the benefit of, the Property, (B) is terminable (or in the case of an amendment or modification, relates to a thirty Contract that is terminable) on 30 days’ notice without cost or penalty to Buyer and (30C) day termination provision and provides for total payments which are requires the payment of (or in the case of an amendment or modification, relates to a Contract that requires payment of) no event greater more than $50,000, or 25,000 in any calendar year. (ii) Buyer’s consent shall not be required with respect to any Contract or any amendment or modification to any Contract which does not meet the requirements of clauses (A) through (C) of clause (i) above but is necessary to preserve the safety of the Tenants entered into by Seller in connection with emergency maintenance or the repairs at a Property; provided that in Seller shall pay all of the case costs of such emergency maintenance or repairs. (iii) Buyer shall not unreasonably withhold its consent to any Contract (or amendment or modification to any Contract) which does not meet the requirements of clause (ii), (A) such new contract through (C) of clause (i) above but which is entered into at no cost to the Buyer and (B) such by Seller shall provide the Buyer with prompt written notice of any such contract, along in connection with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto, in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretionamended Space Lease. If such Seller enters into any contract third party Contract or an amendment to a Contract (A) after the date of this Agreement Effective Date with the approval of the Buyer or (B) as permitted in clause (i) through (iiiii) above, then such new contract Contract shall be included in the definition of “Contract” and added to Schedule 3.2(b) attached hereto3.2(a)(i), and, provided that Buyer elects in writing to assume such contract, and shall be included assigned to and assumed by Buyer at the Closing in the definition of “Assumed Contracts” and added to Schedule C attached heretoaccordance with this Agreement. If the Buyer does not reject or approve a contract new Contract after the Effective Date, or Contract an amendment or modification to a Contract, within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new contract Contract or Contract amendment; provided that such notice includes specific reference to amendment or modification. Nothing in this Section 3.3(c3.4(b) and shall be deemed to restrict Seller’s ability to enter into Bookings in the deemed approval provision hereofordinary course of business.

New Contracts. Not enter into any new third party contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate or otherwise modify any Contract (except as set forth in Section 3.3(gsubsection 3.3(h)), without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion unless (i) such contract contains a thirty (30) day termination provision and provides for total payments which are in no event greater than $50,000, 50,000 or (ii) is necessary to preserve the safety of the Tenants or the Property; , provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereofthereto, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto), in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretion. If such a Seller enters into any third party contract after the date of this Agreement with the approval of the Buyer or as permitted in clause (i) through (ii) above, then such new contract shall be included in the definition of “Contract” herein and added to Schedule 3.2(b) attached hereto, and, provided that Buyer elects in writing to assume such contract, shall be included in the definition of “Assumed Contracts” and added to Schedule C attached hereto). If the Buyer does not reject or approve a new contract or Contract amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved such new contract or Contract amendment; provided that such notice includes specific reference to this Section 3.3(c) and the deemed approval provision hereof.

New Contracts. Not enter into any new contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate or otherwise modify any Material Contract (except as set forth in Section 3.3(g))x) prior to the expiration of the Inspection Period, without providing prior written notice to the Buyer, and (y) from and after the expiration of the Inspection Period, without the prior written consent of the Buyer, which consent may be granted or withheld in the Buyer’s reasonable discretion sole discretion, unless (i) such contract is in the ordinary course consistent with past practices, (ii) such contract contains a thirty (30) day termination provision and provides for total payments which are in no event greater than $50,000, or (iiiii) is reasonably necessary to preserve the safety of the Tenants or the Property; provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto, in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable sole discretion. If such Seller enters into any contract after the date expiration of this Agreement the Inspection Period with the approval of the Buyer or as otherwise permitted in clause (i) through (ii) aboveaccordance with the terms of this Section 3.3(c), then such new contract shall be included in the definition of “Contract” and added to Schedule 3.2(b) attached hereto, and, provided that Buyer elects in writing to assume such contract, shall be included in the definition of “Assumed Contracts” and added to Schedule C attached hereto”. If the Buyer does not reject or approve a contract or Contract amendment within five (5) Business Days after receipt of a copy thereof, then the Buyer shall be deemed to have approved rejected such new contract or Contract amendment; provided that such notice includes specific reference to this Section 3.3(c) and the deemed approval provision hereof.

New Contracts. Not enter into any new contracts relating to such Seller’s Transferred Assets, nor amend, supplement, terminate From the Effective Date until the Closing or otherwise modify any Contract (except as set forth in Section 3.3(g))earlier termination of this Agreement, without the prior written consent of the Buyer, which consent shall not be unreasonably withheld, conditioned or delayed, Seller shall not enter into any third party contract, equipment lease or other material agreement affecting the Property (any such contract, a “New Contract”); provided, that Seller may be granted or withheld in the enter into a New Contract without Buyer’s reasonable discretion unless consent if such contract (i) such contract contains is necessary as a result of an emergency at the Property or (ii) (A) does not require the payment of more than One Hundred Fifty Thousand Dollars ($150,000.00) in any calendar year, (B) is terminable on thirty (30) day termination provision days’ notice or less without penalty and provides for total payments which are in no event greater than $50,000, or (iiC) is necessary to preserve the safety of the Tenants or the Property; provided that in the case of clause (ii), (A) such new contract is entered into at no cost to the Buyer and (B) such Seller shall provide the Buyer with prompt written notice of any such contract, along with a copy thereof, which such notice shall in no event be more than two (2) days after such new contract has been executed by all parties thereto. Notwithstanding anything to the contrary in this Section 3.3(c) attached hereto, in no event shall such Seller enter in any leasing or brokerage agreement without the Buyer’s prior written consent, which consent may be granted or withheld in the Buyer’s reasonable discretioncourse of customary maintenance and/or repairs at the Property. If such Seller enters into any contract a New Contract after the date of this Agreement with the approval of the Buyer or as permitted in clause (i) through (ii) aboveEffective Date, then Seller shall promptly provide written notice and a copy thereof to Buyer and, unless such new contract required Buyer’s approval pursuant to this paragraph and such approval was not obtained, (w) Buyer shall assume such contract at the Closing, (x) the schedule of contracts attached to the Assignment of Contracts shall be so modified, (y) such contract shall be included in the definition of “Contract” and deemed added to Schedule 3.2(b3.2(a) attached hereto, and, provided that Buyer elects in writing to assume such contract, and (z) Schedule 3.2(a) shall be included in deemed amended at the definition of “Assumed Contracts” and added Closing to Schedule C attached heretoinclude such contracts. If the a New Contract requires Buyer’s approval pursuant to this paragraph and Buyer does not reject or approve a contract or Contract amendment object within five (5) Business Days days after receipt of a copy thereofof such contract together with a written request for such approval, then the Buyer shall be deemed to have approved such new contract or Contract amendment; provided that such notice includes specific reference contract. This Section 3.4(b) shall have no application to this Section 3.3(c) and any successor agreement to the deemed approval provision hereofUnion Agreement.