OPERATION OF THE PROPERTIES PRIOR TO CLOSING. The Seller shall do all of the following, from and after the date hereof through and including the Closing Date: (a) operate and maintain the Properties in the same manner as currently being operated, and shall, subject to damage, destruction or loss to the Properties in which event Purchaser shall have the rights set forth in Section 6(3), cause the Properties to be, on the Closing Date, in the same condition as exists as of the date of this Agreement (normal wear and tear excepted); (b) maintain the FF & E in the same manner as currently being main-tained, and not remove any of the FF & E from the Properties unless replaced with FF & E of at least as good a quality as that removed; (c) maintain the Consumables in the same manner and quantity as currently being maintained, and replace any Consumables used at the Properties with new Consumables which are substantially equal in quality and quantity to those that have been used at the Properties; (d) maintain, or cause to be maintained, all existing insurance carried by Seller on the Improvements; (e) without the prior written consent of Purchaser, not enter into any new Property Agreements, or any other agreements affecting the Properties which would be binding on Purchaser after Closing, nor modify, amend, terminate, cancel or grant concessions regarding any such existing contracts or agreements which would be binding on the Purchaser after Closing; and (f) without the prior written consent of the Purchaser (except in the case of emergencies), not make, or obligate itself to make, any material alterations or modifications to the Properties.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Super 8 Motels Iii LTD), Purchase and Sale Agreement (Super 8 Motels LTD), Purchase and Sale Agreement (Super 8 Motels LTD)
OPERATION OF THE PROPERTIES PRIOR TO CLOSING. The Seller shall do all of the following, from and after the date hereof through and including the Closing Date:
(a) operate and maintain the Properties in the same manner as currently being operated, and shall, subject to damage, destruction or loss to the Properties in which event Purchaser shall have the rights set forth in Section 6(3), cause the Properties to be, on the Closing Date, in the same condition as exists as of the date of this Agreement (normal wear and tear excepted);
(b) maintain the FF & E in the same manner as currently being main-tainedmaintained, and not remove any of the FF & E from the Properties unless replaced with FF & E of at least as good a quality as that removed;
(c) maintain the Consumables in the same manner and quantity as currently being maintained, and replace any Consumables used at the Properties with new Consumables which are substantially equal in quality and quantity to those that have been used at the Properties;
(d) maintain, or cause to be maintained, all existing insurance carried by Seller on the Improvements;
(e) without the prior written consent of Purchaser, not enter into any new Property Agreements, or any other agreements affecting the Properties which would be binding on Purchaser after Closing, nor modify, amend, terminate, cancel or grant concessions regarding any such existing contracts or agreements which would be binding on the Purchaser after Closing; and
(f) without the prior written consent of the Purchaser (except in the case of emergencies), not make, or obligate itself to make, any material alterations or modifications to the Properties.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Famous Host Lodging v Lp), Purchase and Sale Agreement (Super 8 Motels Ii LTD), Purchase and Sale Agreement (Famous Host Lodging v Lp)
OPERATION OF THE PROPERTIES PRIOR TO CLOSING. The Seller shall do all of the following, from and after the date hereof through and including the Closing Date:
(a) operate and maintain the Properties in the same manner as currently being operated, and shall, subject to damage, destruction or loss to the Properties in which event Purchaser shall have the rights set forth in Section 6(3), cause the Properties to be, on the Closing Date, in the same condition as exists as of the date of this Agreement (normal wear and tear excepted);.
(b) maintain the FF & E in the same manner as currently being main-tainedmaintained, and not remove any of the FF & E from the Properties unless replaced with FF & E of at least as good a quality as that removed;
(c) maintain the Consumables in the same manner and quantity as currently being maintained, and replace any Consumables used at the Properties with new Consumables which are substantially equal in quality and quantity to those that have been used at the Properties;
(d) maintain, or cause to be maintained, all existing insurance carried by Seller on the Improvements;
(e) without the prior written consent of Purchaser, not enter into any new Property Agreements, or any other agreements affecting the Properties which would be binding on Purchaser after Closing, nor modify, amend, terminate, cancel or grant concessions regarding any such existing contracts or agreements which would be binding on the Purchaser after Closing; and
(f) without the prior written consent of the Purchaser (except in the case of emergencies), not make, or obligate itself to make, any material alterations or modifications to the Properties.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Super 8 Economy Lodging Iv LTD), Purchase and Sale Agreement (Super 8 Economy Lodging Iv LTD)