Common use of Operation and Maintenance Prior to Closing Clause in Contracts

Operation and Maintenance Prior to Closing. From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall: (a) operate, maintain, and repair the Property, or cause the Property to be operated, maintained, and repaired, diligently and in the ordinary course of business and in the same manner as the Property is being operated, maintained, and repaired during the Inspection Period; (b) not, without the prior written consent of the Buyer, enter into any written or oral service contracts or other agreements with respect to the Property that will not be fully performed by Seller on or before the Closing Date, or that will not be cancelable by Buyer at any time and without liability, premium or other costs on or after the Closing Date; and (c) advise Buyer promptly of any litigation, arbitration, condemnation, or administrative (including, without limitation, zoning, variance, code enforcement, and regulatory) proceedings before any officer, court, board, governmental body or agency which concerns or affects the Property and of which Seller receives actual notice after the date hereof (e.g. a proposed change in the zoning classification of any property within 300 feet of the Land, the filing of a statutory lien against the Property, etc.).

Appears in 4 contracts

Samples: Real Estate Purchase Contract, Real Estate Purchase Contract, Real Estate Purchase Contract

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Operation and Maintenance Prior to Closing. From the Effective Date until the Closing Date or earlier termination of this Agreement, Seller shall: (ai) operate, maintain, maintain and repair the Property, or cause the Property to be operated, maintained, maintained and repaired, diligently and in the ordinary course of business and in the same manner as the Property is being operated, maintained, maintained and repaired during the Inspection Period; (bii) not, without the prior written consent of the Buyer, enter into any written or oral service contracts or other agreements with respect to the Property that will not be fully performed by Seller on or before the Closing Date, or that will not be cancelable by Buyer at any time and without liability, premium or other costs cost on or after the Closing Date; and (ciii) advise Buyer promptly of any litigation, arbitration, condemnation, or administrative (including, without limitation, zoning, variance, code enforcement, enforcement and regulatory) proceedings before any officer, court, board, governmental body or agency which concerns or affects the Property and of which Seller receives actual notice after the date hereof (e.g. a proposed change in the zoning classification of any property within 300 feet of the Land, the filing of a statutory lien against the Property, etc.).

Appears in 1 contract

Samples: Real Estate Purchase Contract (LSB Industries Inc)

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