Common use of Ongoing Operations and Maintenance Clause in Contracts

Ongoing Operations and Maintenance. From the date of this Agreement through the Closing Date or earlier termination of this Agreement, in relation to each Property (i) Seller shall carry on its business and activities relating to such Property, substantially in the same manner as it did before the date of this Agreement, and (ii) Seller shall not sell or encumber such Property or any material portion thereof or interest therein. At all times prior to the Closing Date, Seller shall maintain the Property in good condition and repair, reasonable wear and tear excepted, operate the Property in accordance with substantially the same management practices and leasing standards as currently done, and pay in the normal course of business prior to Closing, all sums due for work, materials or service furnished or otherwise incurred in the ownership and operation of the Property prior to Closing.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)

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Ongoing Operations and Maintenance. From the date of this Agreement through the Closing Date or earlier termination of this Agreement, in relation to each Property (i) Seller Contributor shall carry on its business and activities relating to such Property, substantially in the same manner as it did before the date of this Agreement, and (ii) Seller Contributor shall not sell or encumber such Property or any material portion thereof or interest therein. At all times prior to the Closing Date, Seller Contributor shall maintain the Property in good condition and repair, reasonable wear and tear excepted, operate the Property in accordance with substantially the same management practices and leasing standards as currently done, and pay in the normal course of business prior to Closing, all sums due for work, materials or service furnished or otherwise incurred in the ownership and operation of the Property prior to Closing.

Appears in 2 contracts

Samples: Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.), Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.)

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