Common use of Other Items of Expense or Receipt Clause in Contracts

Other Items of Expense or Receipt. All other customarily prorated items of expense or receipt (excluding those items previously addressed in this Section 6 above) shall be prorated between the Seller and Purchaser as of the Closing, except to the extent certain expenses are payable by tenants under the Leases on a annual basis after Closing, in which event such expenses shall be not be prorated and shall be assumed in their entirety by Purchaser. To the extent Purchaser will assume any obligations which are attributable to periods of time prior to the Closing Date, Purchaser shall receive a credit for such amount at Closing. The Seller shall retain (and the Assignment of Leases shall reserve to Seller) all receivables from tenants for common area maintenance, taxes and insurance for 2006 and previous years and Seller shall have the right to pursue and collect such receivables from all tenants after the Closing; provided, Seller shall have no right to xxx any current tenant under the Leases. Purchaser shall cooperate with Seller in the collection of such receivables. Purchaser shall have no obligation to take any enforcement action, but if any such amounts are paid to Purchaser, they shall be paid immediately to Seller by Purchaser. If the apportionment of any payments relating to common area maintenance charges for calendar year 2006 (which have, as of the Closing, been billed, but not collected, by Seller) received by Purchaser after the date of Closing from a tenant under any of the Leases on account of periods prior to Closing and on account of sums which are attributable to expenses incurred by the lessor/landlord for periods of time prior to Closing (and which are not reimbursed or credited by Purchaser to Seller pursuant to any other provision of this Agreement), cannot be precisely determined at the time of Closing, such sums shall be apportioned on a cash basis at closing pro-rata between Purchaser and Seller on a per diem basis as of the date of Closing. A post closing adjustment shall be made, if necessary, between Purchaser and Seller for such apportioned items (including specifically, without limitation, the payment by Purchaser to Seller of common area maintenance charges for calendar year 2006 to the extent collected by Purchaser from and after the Closing Date) within thirty (30) days after the sums can be precisely determined. The provisions hereof shall expressly survive the Closing. Except with respect to items prorated at the Closing, Seller shall be responsible for payment of any and all bills or charges incurred on or prior to the Closing for work, services, supplies or materials relating to the Property, and Purchaser shall be responsible for payment of any and all bills or charges incurred after the Closing for work, services, supplies or materials relating to the Property for which Purchaser has engaged the party performing or delivering such items or has expressly assumed such obligations pursuant to an express provision herein or in a separate document executed at Closing.

Other Items of Expense or Receipt. All other customarily prorated items of expense or receipt (excluding those items previously addressed in this Section 6 above) shall be prorated between the Seller and Purchaser as of the Closing, except to the extent certain expenses are payable by tenants under the Leases on a annual basis after Closing, in which event such expenses shall be not be prorated and shall be assumed in their entirety by Purchaser. To the extent Purchaser will assume any obligations which are attributable to periods of time prior to the Closing Date, Purchaser shall receive a credit for such amount at Closing. The Seller shall retain (and the Assignment of Leases shall reserve to Seller) all receivables from tenants for common area maintenance, taxes and insurance for 2006 and previous years and Seller shall have the right to pursue and collect such receivables from all tenants after the Closing; provided, Seller shall have no right to xxx any current tenant under the Leases. Purchaser shall cooperate with Seller in the collection of such receivables. Purchaser shall have no obligation to take any enforcement action, but if any such amounts are paid to Purchaser, they shall be paid immediately to Seller by Purchaser. If the apportionment of any payments relating to common area maintenance charges for calendar year 2006 (which have, as of the Closing, been billed, but not collected, by Seller) received by Purchaser after the date of Closing from a tenant under any of the Leases on account of periods prior to Closing and on account of sums which are attributable to expenses incurred by the lessor/landlord for periods of time prior to Closing (and which are not reimbursed or credited by Purchaser to Seller pursuant to any other provision of this Agreement), cannot be precisely determined at the time of Closing, such sums shall be apportioned on a cash basis at closing pro-rata between Purchaser and Seller on a per diem basis as of the date of Closing. A post closing adjustment shall be made, if necessary, between Purchaser and Seller for such apportioned items (including specifically, without limitation, the payment by Purchaser to Seller of common area maintenance charges for calendar year 2006 to the extent collected by Purchaser from and after the Closing Date) within thirty (30) days after the sums can be precisely determined. The provisions hereof shall expressly survive the Closing. Except with respect to items prorated at the ClosingClosing and the items referred to in Section 2 of this Agreement and the Leasing Earnout Escrow Agreement, Seller shall be responsible for payment of any and all bills or charges incurred on or prior to the Closing for work, services, supplies or materials relating to the Property, and Purchaser shall be responsible for payment of any and all bills or charges incurred after the Closing for work, services, supplies or materials relating to the Property for which Purchaser has engaged the party performing or delivering such items or has expressly assumed such obligations pursuant to an express provision herein or in a separate document executed at Closing.