PROPERTY NOT INCLUDED IN SALE. The following shall not be included in the Property to be sold hereunder: Tax deposits, utility deposits and other deposits, except for transferable utility deposits, which are to be apportioned as herein provided, and except for Reservation Deposits which are credited against the Purchase Price in accordance with Section 4.9.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein but subject to the apportionment provisions of Section 7 (Apportionments), it is expressly agreed by the parties hereto that the items set forth on Schedule 8 attached hereto shall not be included in the Property to be sold to Purchaser hereunder (collectively, the “Excluded Property”).
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Premises) owned or leased by any tenant or by any managing agent, leasing agent, contractor, or employee at the Premises shall not be included in the Property to be sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that (a) any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Building) owned or leased by any tenant, managing agent, leasing agent, contractor or employee at the Building, and (b) all inventory, samples and Coach products of all types, and any other personal property used in connection with the business of Coach and its affiliates (as opposed to the operation of the Property) and pictures, paintings, drawings, prints, sculptures, tapestries or other items of art now or hereafter located in the common areas of the Building ((a) and (b), collectively, “Excluded Personalty”), shall not be included in the Property to be sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any alterations at, on or in any of the Property that (i) are readily removable without unrepaired damage to the Property, (ii) do not reduce the value, economic life or utility of the Property if removed, (iii) are not integral to the structure or operation of the Property, and (iv) are not required for the lawful occupancy of the Property shall not be included in the Property to be sold to Purchaser hereunder. In addition, Seller’s Equipment and Personalty as described on Exhibit “B”, attached hereto and made a part hereof, shall also not be included in the Property to be sold to Purchaser hereunder. Seller shall assign to Amex Canada Inc. at Closing all of Seller’s right, title and interest in the property described above in this paragraph (including but not limited to Seller’s Equipment and Personalty described on Exhibit “B” attached hereto) as not being sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. In addition to the provisions of subsection 1.1.9, and notwithstanding any other provision herein to the contrary, the following shall not be included in the Property to be sold hereunder:
6.8.1 Tax deposits, utility deposits and other deposits, except for transferable deposits, which are to be apportioned as herein provided.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the Parties hereto that any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures, pictures, paintings, prints and drawings, sculptures, tapestries or other items of art in, on, around or affixed to the Building) owned or leased by any tenant, other than a tenant under the Operating Leases (collectively, "Excluded Personalty"), shall not be included in the Properties to be indirectly sold to Purchaser hereunder. Other than the Excluded Properties, no other portion of the Properties may be removed therefrom without the consent of Purchaser.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that (a) any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Premises, owned or leased from a third party by any tenant, managing, agent, leasing agent, contractor, or employee at the Building (collectively, "Excluded Personalty") and (b) all escrow or reserve accounts or other accounts of any nature whatsoever held by or owing from Nomura (or any nominee or designee) in connection with the Nomura Loan, including, without limitation, any reserves for tenant improvements, taxes, insurance, interest, required repairs, operating and maintenance, or other reserves required under the documents relating to the Nomura Loan (the "Nomura Loan Documents"), shall not be included in the Property to be sold to Green hereunder. The provisions of this Article 8 do not apply to the escrow account described in Section 10(c).
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that (i) the Excluded Intangibles, (ii) all items listed on Schedule B attached hereto and (iii) any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Buildings, owned or leased by any Tenant, managing agent, leasing agent, contractor, or employee at the Buildings (collectively, "Excluded Property") shall not be included in the Property to be sold to Purchaser hereunder.
PROPERTY NOT INCLUDED IN SALE. Notwithstanding anything to the contrary contained herein, it is expressly agreed by the parties hereto that any fixtures, furniture, furnishings, equipment or other personal property (including, without limitation, trade fixtures in, on, around or affixed to the Building) owned or leased by any tenant, or by any managing agent, leasing agent, contractor, or employee at the Premises shall not be included in the Property to be sold to Purchaser hereunder. In addition, the Property to be sold to Purchaser hereunder shall not include any rights to trademarks, trade names or other intellectual property of any kind whatsoever other than the name of the building, if any, which shall be transferred to Purchaser without recourse, representation or warranty whatsoever, express or implied.
