Common use of New Leases Clause in Contracts

New Leases. Seller agrees to deliver to Purchaser five (5) days prior to the expiration of the Inspection Period any new leases executed by Seller. After the expiration of the Inspection Period, Seller shall not execute any new lease affecting the Property or modify, amend or accept the surrender (collectively or individually a "Modification Agreement") of any of the Leases without Purchaser's prior written consent. Upon requesting Purchaser's consent, Seller shall deliver a complete copy of said proposed lease to Purchaser with a copy of any brokerage commission agreement and statement as to the cost of any tenant improvement work, contributions, and brokerage commissions due or to become due in connection therewith (the "Disclosure Documents"). Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within five (5) business days after receipt of Seller's written request and the complete copy of said lease or Modification Agreement and other material. If approved by Purchaser, a complete copy of any such lease or Modification Agreement shall be delivered to Purchaser within five (5) days of the full execution thereof. With respect to all new leases or Modification Agreement executed and delivered to Purchaser five (5) days prior to the expiration of the Inspection Period and with respect to all other new leases or Modification Agreement, provided Purchaser has approved the new lease to the extent said approval is required, leasing costs and commissions, tenant improvements and contributions, and reasonable attorneys' fees, shall be paid by Purchaser or credited to Seller at Closing if already paid by Seller provided such costs and expenses were specifically disclosed to Purchaser in the Disclosure Documents.

Appears in 4 contracts

Samples: Agreement of Sale (Balcor Pension Investors Vi), Sale Agreement (Balcor Pension Investors Iv), Sale Agreement (Balcor Equity Pension Investors Iii)

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New Leases. Seller agrees to deliver to Purchaser five (5) days prior to the expiration of the Inspection Period any new leases executed by Seller. After the expiration of the Inspection Period, Seller shall not execute any new lease affecting the Property or modify, amend or accept the surrender (collectively or individually a "Modification Agreement") of any of the Leases without Purchaser's prior written consent, which consent shall not be unreasonably withheld. Upon requesting Purchaser's consent, Seller shall deliver a complete copy of said proposed lease to Purchaser with a copy of any brokerage commission agreement and statement as to the cost of any tenant improvement work, contributions, and brokerage commissions due or to become due in connection therewith (the "Disclosure Documents"). Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within five (5) business days after receipt of Seller's written request and the complete copy of said lease or Modification Agreement and other materialthe Disclosure Documents. If approved by Purchaser, a complete copy of any such lease or Modification Agreement shall be delivered to Purchaser within five (5) days of the full execution thereof. With respect to all new leases or Modification Agreement executed and delivered to Purchaser five (5) days prior to the expiration of the Inspection Period and with respect to all other new leases or Modification Agreement, provided Purchaser has approved the new lease to the extent said approval is required, leasing costs and commissions, tenant improvements and contributions, and reasonable attorneys' fees, shall be paid by Purchaser or credited to Seller at Closing if already paid by Seller provided such costs and expenses were specifically disclosed to Purchaser in the Disclosure Documents.

Appears in 2 contracts

Samples: Agreement of Sale (Balcor Equity Pension Investors Ii), Agreement of Sale (Balcor Pension Investors Vi)

New Leases. Seller agrees to deliver to Purchaser five (5) days prior to the expiration of the Inspection Period any new leases executed by Seller. After the expiration of the Inspection Period, Seller shall not execute any new lease affecting the Property or modify, amend or accept the surrender of any Lease (collectively or individually a "Modification Agreement") of any of the Leases without Purchaser's prior written consent; provided, however the Purchaser hereby consents to a renewal/expansion of the existing lease with WG pursuant to the terms set forth in Exhibit O attached hereto. Upon requesting Purchaser's consentconsent (any such request to be made both by telephone and in writing), Seller shall deliver a complete copy of said proposed lease to Purchaser with a copy of any brokerage commission agreement and statement as to the cost of any tenant improvement work, contributions, and brokerage commissions due or to become due in connection therewith (the "Disclosure Documents"). Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within five (5) business days after receipt of Seller's written request and the complete copy of said lease or Modification Agreement and other material. If approved by Purchaser, a complete copy of any such lease or Modification Agreement shall be delivered to Purchaser within five (5) days of the full execution thereof. With respect to all new leases (specifically including the lease renewal/expansion set forth in Exhibit O) or Modification Agreement executed and delivered to Purchaser five (5) days prior to the expiration of the Inspection Period and with respect to all other new leases or Modification AgreementAgreements, provided Purchaser has approved the new lease to the extent said approval is required, leasing costs and commissions, tenant improvements and contributions, and reasonable attorneys' feesfees of Seller, shall be assumed and paid by Purchaser (without a credit to Purchaser) or credited to Seller at Closing if already to the extent Seller has paid by Seller provided such costs and expenses were specifically disclosed any of said obligations prior to Purchaser in the Disclosure DocumentsClosing.

Appears in 1 contract

Samples: Agreement of Sale (Balcor Pension Investors Vi)

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New Leases. Seller agrees to deliver to Purchaser five (5) days any new leases executed by Seller prior to the expiration of the Inspection Period any new leases executed by SellerPeriod. After the expiration of the Inspection Period, Seller shall not execute any new lease affecting the Property or modify, amend or accept the surrender of any Lease (collectively or individually a "Modification Agreement") of any of the Leases without Purchaser's prior written consent. Upon requesting Purchaser's consentconsent (any such request to be made both by telephone and in writing), Seller shall deliver a complete copy of said proposed lease to Purchaser with a copy of any brokerage commission agreement and statement as to the cost of any tenant improvement work, contributions, and brokerage commissions due or to become due in connection therewith (the "Disclosure Documents"). Purchaser's consent shall be deemed given if Purchaser has not responded to the contrary within five (5) business days after receipt of Seller's written request and the complete copy of said lease or Modification Agreement and other material. If approved by Purchaser, a complete copy of any such lease or Modification Agreement shall be delivered to Purchaser within five (5) days of the full execution thereof. With respect to all new leases or Modification Agreement executed and delivered to Purchaser five (5) days prior to the expiration of the Inspection Period and with respect to all other new leases or Modification AgreementAgreements, provided Purchaser has approved the new lease to the extent said approval is required, leasing costs and commissions, tenant improvements and contributions, and reasonable attorneys' feesfees of Seller, shall be assumed and paid by Purchaser (without a credit to Purchaser) or credited to Seller at Closing if already to the extent Seller has paid by Seller provided such costs and expenses were specifically disclosed any of said obligations prior to Purchaser in the Disclosure DocumentsClosing.

Appears in 1 contract

Samples: Agreement of Sale (Balcor Pension Investors Vi)

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