Common use of Operating Expenses; Year End Reconciliation Clause in Contracts

Operating Expenses; Year End Reconciliation. Installment payments of special assessment liens, vault charges, sewer charges, utility charges, charges under Service Agreements and normally prorated operating expenses actually paid or payable by Seller as of the Closing Date shall be prorated as of the Closing Date and adjusted against the Purchase Price, provided that within ninety (90) days after the Closing, Purchaser and Seller will make a further adjustment for such expenses which may have accrued or been incurred prior to the Closing Date, but which were not paid as of the Closing Date. In addition, within ninety (90) days after the close of the fiscal year used in calculating the pass-through to the tenants of operating expenses and/or common area maintenance costs under the Leases (where such fiscal year includes the Closing Date), Seller and Purchaser shall re-prorate on a fair and equitable basis all rents and income prorated pursuant to this Section 3.4 as well as all expenses prorated pursuant to this Section 3.4. The provisions of this Section 3.4(e) shall survive the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT, Inc.)

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Operating Expenses; Year End Reconciliation. Installment payments of special assessment liens, vault charges, sewer charges, utility charges, charges under Service Agreements and normally prorated operating expenses actually paid or payable by Seller Sellers as of the Closing Date shall be prorated as of the Closing Date and adjusted against the Purchase Price, provided that within ninety (90) days after the Closing, Purchaser Buyer and Seller Sellers will make a further adjustment for such expenses which may have accrued or been incurred prior to the Closing Date, but which were not paid as of the Closing Date. In addition, within ninety (90) days after the close of the fiscal year used in calculating the pass-through to the tenants Occupancy Tenant of operating expenses and/or common area maintenance costs under the Leases Occupancy Lease (where such fiscal year includes the Closing Date), Seller Sellers and Purchaser Buyer shall re-prorate on a fair and equitable basis all rents and income prorated pursuant to this Section 3.4 10 as well as all expenses prorated pursuant to this Section 3.410. The provisions of this Section 3.4(e10(e) shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Gramercy Property Trust)

Operating Expenses; Year End Reconciliation. Installment payments of special assessment liens, vault charges, sewer charges, utility charges, charges under Service Agreements and normally prorated operating expenses actually paid or payable by Seller as of the Closing Date shall be prorated as of the Closing Date and adjusted against the Purchase Price, provided that within ninety (90) days after the Closing, Purchaser Buyer and Seller will make a further adjustment for such expenses which may have accrued or been incurred prior to the Closing Date, but which were not paid as of the Closing Date. In addition, within ninety (90) days after the close of the fiscal year used in calculating the pass-through to the tenants any tenant of operating expenses and/or common area maintenance costs under the Leases Lease (where such fiscal year includes the Closing Date), Seller and Purchaser Buyer shall re-prorate on a fair and equitable basis all rents and income prorated pursuant to this Section 3.4 10 as well as all expenses prorated pursuant to this Section 3.410. The provisions of this Section 3.4(e10(e) shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Hines Global Reit Ii, Inc.)

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Operating Expenses; Year End Reconciliation. Installment payments of special assessment liens, vault charges, sewer charges, utility charges, charges under Service Agreements and normally prorated operating expenses actually paid or payable by Seller Sellers as of the Closing Date shall be prorated as of the Closing Date and adjusted against the Purchase Price, provided that within ninety (90) days after the Closing, Purchaser Buyer and Seller Sellers will make a further adjustment for such expenses which may have accrued or been incurred prior to the Closing Date, but which were not paid as of the Closing Date. In addition, within ninety (90) days after the close of the fiscal year used in calculating the pass-through to the tenants any tenant of operating expenses and/or common area maintenance costs under the Occupancy Leases or the Additional Occupancy Leases (if any) (where such fiscal year includes the Closing Date), Seller Sellers and Purchaser Buyer shall re-prorate on a fair and equitable basis all rents and income prorated pursuant to this Section 3.4 10 as well as all expenses prorated pursuant to this Section 3.410. The provisions of this Section 3.4(e10(e) shall survive the Closing.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Gramercy Property Trust)

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