New Leases and Contracts. Prior to the expiration of the Investigation Period (and up and until the Closing Date with respect to new leases), Seller may enter into any new lease or service contract affecting the Property, or any part thereof, provided such new lease is in conformity with Seller’s Lease Guidelines or otherwise consented to in writing by Purchaser and, with respect to service contracts, notice is given to Purchaser within five (5) business days after such action and in any event at least two (2) business days prior to the expiration of the Investigation Period and the service contract is cancelable on thirty (30) days notice, or less without penalty or premium. After the expiration of the Investigation Period, Seller may not enter into any service contract without Purchaser’s consent, which consent will not be unreasonably withheld or delayed. Notwithstanding the preceding sentence, after the expiration of the Investigation Period, Seller may enter into any new service contracts without Purchaser’s consent if doing so is in the ordinary course of operating the Property and the contract (i) will not be binding on Purchaser after Closing unless Purchaser elects prior to Closing to assume such service contract or (ii) is cancelable on thirty (30) days or less notice without penalty or premium. If Seller shall request Purchaser’s approval to any of the foregoing matters, Purchaser shall have five (5) days from its receipt of such request to give Seller notice of its approval or disapproval of such matter. If Purchaser does not give such notice, such matter shall be deemed approved by Purchaser.
New Leases and Contracts. During the pendency of this Agreement, Seller will not enter into any new lease or contract that will be an obligation affecting the Property after the Closing without Purchaser’s prior written consent, which consent shall not be unreasonably withheld or delayed. Seller will not amend or extend the Lease beyond the Closing Date without Purchaser’s prior written consent.
New Leases and Contracts. Without the prior written consent of Bedford, which shall not be unreasonably withheld, Seller shall not (i) modify or amend any of the Leases; (ii) extend or grant any concessions with respect to any of the Leases, or accept any prepayment of rent under the Leases other than one month in advance; (iii) enter into any new lease or extend any existing Lease for space at the Property, except as permitted by any existing Lease or as permitted by Section 10.1.7 below; (iv) enter into any new service, supply, maintenance or other contract pertaining to the Property or the operation of the Property, which contract is not cancelable at the Closing; (v) purchase, lease or contract to purchase or lease new items or equipment or inventory with respect to the Property other than in the ordinary course of business; (vi) remove existing items of equipment or other personal property, other than in the ordinary course of business, provided, however, that any items removed shall be replaced with personal property of like kind and quality; or (vii) alter or contract for the alteration of any existing improvements or construct or install or contract for the construction or installation of any new improvements other than tenant improvement work in connection with the Leases. Bedford shall approve or reject each such matter (providing specific written objections in the event of a rejection) within five days of receipt of a request for approval. Bedford’s failure to provide an objection within the five-day period shall be deemed approval of the matter. Any Qualifying Lease (defined in Section 10.3) shall thereafter be deemed to be a part of the “Leases” as defined in this Agreement, and any existing Leases which by their terms expire or which are terminated with the prior written consent of Bedford or due to a material breach by the Tenant prior to Closing shall no longer thereafter be deemed to be a part of the Leases.
New Leases and Contracts. Prior to the expiration of the Investigation Period, Seller may enter into any new contract affecting the Property, or any part thereof, provided notice is given to Purchaser within three (3) business days after such action and in any event at least two (2) business days prior to the expiration of the Investigation Period. After the expiration of the Investigation Period, Seller may not enter into any new contract without Purchaser’s consent, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence, after the expiration of the Investigation Period, Seller may enter into any new contracts without Purchaser’s consent if doing so is in the ordinary course of operating the Property and the contract (i) will not be binding on Purchaser, (ii) is cancelable on thirty (30) days or less notice without penalty or premium, or (iii) is for an aggregate amount not to exceed $25,000 (including all other new contracts, if any, executed by Seller). If Seller shall request Purchaser’s approval to any of the foregoing matters, Purchaser shall have three (3) business days from its receipt of such request to give Seller notice of its approval or disapproval of such matter. If Purchaser does not give such notice, such matter shall be deemed approved by Purchaser. Seller shall not enter into any new lease without Purchaser’s consent, which consent may be withheld in Purchaser’s sole and absolute discretion.
New Leases and Contracts. Prior to the expiration of the Contingency Period, Seller may enter into any new lease or any new contract, provided notice is given to Buyer within five (5) business days after such action and in any event at least two (2) business days prior to the expiration of the Investigation Period. After the expiration of the Contingency Period, Seller may not enter into any new lease or contract without Buyer’s consent, which consent shall be in Buyer’s sole discretion. After the expiration of the Contingency Period, Seller may not enter into any new contract, unless doing so is in the ordinary course of operating the Property and the contract either (i) will not be binding on Buyer or (ii) is cancelable on thirty (30) days or less notice without penalty or premium. If Seller shall request Buyer’s approval to any of the foregoing matters, Buyer shall have five (5) days from its receipt of such request to give Seller notice of its approval or disapproval of such matter. If Buyer does not give such notice, such matter shall be deemed disapproved by Buyer.
New Leases and Contracts. Seller may not enter into any new lease or contract without Purchaser's consent, which consent will not be unreasonably withheld or delayed Notwithstanding the preceding sentence, Seller may enter into any new contracts without Purchaser's consent if doing so is in the ordinary course of operating the Property and the contract (i) will not be binding on Purchaser or (ii) is cancelable on thirty (30) days or less notice without penalty or premium. If Seller shall request Purchaser's approval to any of the foregoing matters, Purchaser shall have five (5) business days from its receipt of such request to give Seller notice of its approval or disapproval of such matter. If Purchaser does not give such notice within such five (5) business day period, such matter shall be deemed approved by Purchaser.
a) Seller and Purchaser shall, prior to the Closing, maintain the confidentiality of this sale and purchase and shall not, except as required by law or governmental regulation applicable to Seller or Purchaser, disclose the terms of this Agreement or of such sale and purchase to any third parties whomsoever other than investors or prospective investors in Seller or Purchaser or the principals of Broker, Escrow Agent, the Title Company and such other persons whose assistance is required in carrying out the terms of this Agreement. Purchaser agrees that all documents and information regarding the Property of whatsoever nature made available to it by Seller or Seller's agents and the results of all tests and studies of the Property (collectively, the "PROPRIETARY INFORMATION") are confidential and Purchaser shall not disclose any Proprietary Information to any other person. Notwithstanding the foregoing provisions, however (i) Purchaser and Seller may disclose information (including Proprietary Information) to its consultants, attorneys, accountants, prospective investors and lenders, and others who need to know the information for the purpose of assisting in connection with the transaction that is the subject of this Agreement; (ii) the foregoing covenant of confidentiality shall not be applicable to any information published as public knowledge or otherwise available in the public domain; and (iii) Purchaser and Seller shall be permitted to disclose such information as may be recommended by Purchaser's or Seller's legal counsel in order to comply with all financial reporting, securities laws and other legal requirements applicable to Purchaser or Seller, including a...
New Leases and Contracts. After the Effective Date of this Agreement, and except as otherwise specifically set forth in this Agreement, Seller shall not execute any new Leases or Contracts without the express prior written approval of Purchaser in each instance. Such consent shall not be unreasonably withheld, conditioned or delayed during the Feasibility Period, but may be withheld in Purchaser’s sole discretion after the Feasibility Period and prior to Closing. Seller shall give Purchaser prompt written notice and provide copies of each such modification, amendment or new Lease, contract or agreement, and all such new modifications, amendments, leases, contracts or agreements shall become “Leases” or “Contracts” subject to this Section 10.3. Seller shall defend and indemnify Purchaser from and against any and all suits, claims, losses and expenses arising prior to Closing under any Lease or Contract and incurred by Purchaser. Purchaser shall be required to assume Seller’s obligations arising on and after the Closing Date under all Leases subject to the provisions of Section 16.6, below.
New Leases and Contracts. Seller shall not enter into any new lease or new contract, or any material amendment of any existing Lease or Material Contract, or grant any approval, consent (including, without limitation, any consent to assign or sublease) or waiver under any Lease or Material Contract, to the extent such action would bind Buyer after the Closing, without obtaining Buyer’s prior consent thereto, which may be granted or withheld in Buyer’s sole discretion. If Buyer does not disapprove Seller’s request within five (5) business days following receipt of such written request, such lease, contract, amendment, approval, consent or waiver shall be unconditionally and irrevocably deemed to have been approved by Buyer.
New Leases and Contracts. From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall not, without the prior written approval of Purchaser, enter into any new Leases of the Property. From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall not enter into any contracts, in a manner binding upon Purchaser after the Closing, unless Seller gives Purchaser notice within five (5) business days after such action and provided such action is (i) required by any of the Leases or Contracts or (ii) approved by Purchaser. If Seller shall request Purchaser’s approval to any of the foregoing matters, Purchaser shall have three (3) business days from its receipt of such request to give Seller notice of its approval or disapproval of such matter. If Purchaser does not give such notice, such matter shall be deemed approved by Purchaser.
New Leases and Contracts. From and after the Effective Date, Seller shall not enter into any new contract or any lease, occupancy agreement or similar agreement for any portion of the Property without first obtaining Buyer’s written consent, which approval may be withheld in Buyer’s sole discretion, except for any such agreements that are terminable by Seller in Seller’s discretion at or prior to Closing. Seller shall cooperate, and shall cause the Construction Team to cooperate, with all reasonable requests of Buyer and Buyer’s property manager in connection with the initial lease-up of the Property. Seller shall provide a written request to Buyer for approval of any new contract or any lease, which Buyer shall approve or disapprove within ten (10) business days following receipt thereof; provided, that if Buyer does not timely respond within such ten (10) business day-period, Seller shall deliver a second notice to Buyer requesting approval or disapproval of such matter, and if Buyer does not respond to such second notice within five (5) business days following receipt thereof, such new contract or lease, as applicable, shall be deemed approved by Buyer. Any lease executed by Seller prior to the Due Diligence Date or after the Due Diligence Date in accordance with this Section 16(d) shall constitute a Lease under this Agreement.
