Common use of Rentals Clause in Contracts

Rentals. Rentals and any other charges receivable (including expenses incurred pursuant to said Leases) under the Leases in effect at Closing, as evidenced by the Updated Rent Roll (except as otherwise provided herein), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leases.

Rentals. Rentals Tenant agrees to pay to the Landlord the sum of $ per month, as rent, during the Term. The rent for any partial month shall be prorated on the basis of a thirty (30) day month. The rent shall be payable monthly, in arrears, on the first (1st) day of each month. The rent shall be paid to the Landlord at . [IF APPLICABLE – MOST LANDLORDS WILL NOT REQUIRE A DEPOSIT FROM THE UNIVERSITY: Prior to occupying the Premises, Tenant shall deposit with Landlord a “Security Deposit” (herein so called) in the amount of $ to be held by Landlord as security for Tenant’s performance under this Lease. Unless otherwise required by law, Tenant shall not be entitled to interest on such Security Deposit and Landlord may commingle such Security Deposit with any other charges receivable funds of Landlord. Upon Tenant’s default, subject to any notice or cure periods provided herein, Landlord may apply any applicable portion of the Security Deposit to: (including a) an arrearage of rent, and/or (b) any actual and reasonable expenses incurred pursuant by Landlord due to said Leasessuch default. If the Security Deposit is not used for the aforementioned purposes, then, within ten (10) under days following the Leases expiration or earlier termination of the Lease, Landlord will return any remaining balance of the Security Deposit to Tenant. If Landlord transfers Landlord’s interests in effect the Premises, subject to the terms and provisions hereunder, then Landlord shall assign the Security Deposit to the transferee.] SALES TAXES Landlord shall pay any federal, state or local sales or other taxes upon the rents payable hereunder. HEATING, LIGHTING, AIR-CONDITIONING, JANITORIAL AND PEST CONTROL SERVICES The Landlord, at ClosingLandlord’s expense, shall furnish the following equipment and services to Tenant’s Premises throughout the Lease Term: heating and air conditioning equipment, which shall be operated and maintained by Landlord in satisfactory operating condition; light fixtures and services related to same, including responsibility for replacement of all bulbs, tubes, and starts used in such fixtures for the purpose of furnishing light; janitorial services and all necessary janitorial supplies, including, but not limited to, the provision of trash disposal; and, pest control services. All services required above shall be provided Monday through Friday, excluding state holidays. MAINTENANCE AND REPAIRS Landlord, at Landlord’s expense, shall maintain the Premises in good condition and repair throughout the Lease Term. This shall include, but not be limited to, the requirement that Landlord maintain, repair, and replace, as evidenced by necessary, all portions of the Updated Rent Roll (except as otherwise provided herein)Premises, paid prior including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways, sidewalks, carpeting, paint, and other interior elements. If Landlord fails to Closing promptly make repairs that are its responsibility hereunder, Tenant has the right, but not the obligation, to have such repairs made and allocable in whole or in part to any period following the Closing cost thereof shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of Landlord at the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any next rent due for the current period, date and excess amounts collected shall be applied failure to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as pay same with thirty (30) days of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) due shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leasesdeemed a default hereunder.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any other charges receivable portion thereof (including expenses incurred pursuant to said Leasescollectively, the "Tenants") under the Leases in effect at Closing, as evidenced by the Updated Rent Roll (except as otherwise provided herein), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected prorated as of the Closing Close of Escrow. However, Buyer shall not be adjusted (“Delinquent Amounts”)obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but Purchaser shall cause the rent and other sums for the period prior be required merely to Closing to be remitted pay to Seller Seller's share of the same if, as and when collected (but Purchaser received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall not be required applied as follows: first, to take legal action the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for such amounts accruing periods prior to the Closing), and any rent Close of Escrow. Any rental payments received by Purchaser Seller following the Close of Escrow shall first be applied paid over to the payment Buyer within five (5) business days of any rent due for the current period, receipt and excess amounts collected shall be applied in the manner described above. Seller shall have no right whatsoever to Delinquent Amounts, if any. Purchaser may not waive initiate any Delinquent Amounts action against any Tenant for unlawful detainer or modify a Lease so as other right or action to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share dispossess such Tenant of charges or amounts without first obtaining the prior written consent of Seller. With its leased premises with respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits any duties or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount obligations of such deposits according to Tenant under the Leases.

Rentals. Rentals and The monthly rent payable shall be the amount shown on each Schedule(s). Lessee shall pay to Lessor the monthly rent, in advance, for each month or any other charges receivable (including expenses incurred pursuant part thereof that this Lease, with respect to said LeasesSchedule(s), is in effect. The first such payment shall be made on the first day of the calendar month following the Commencement Date. A prorata portion of the monthly rental charges based on a daily rental of one-thirtieth (1/30th) under of the Leases in effect monthly rental calculated from the Commencement Date to the end of the calendar month, shall be due and payable at Closingthe Commencement Date. Installments of rent which are not paid within ten (10) days of their due date shall bear interest at a "Delinquency Rate" equal to five percent (5%) of each installment of rent. For delinquent installments of rent which remain unpaid at the end of each month, interest shall continue to accrue and compound at a delinquency rate equal to five percent (5%) of the cumulative unpaid balance. All rent shall be paid at the place of business of Lessor shown above or such other place as evidenced Lessor may designate by the Updated Rent Roll (except written notice to Lessee. Except as otherwise provided herein)in this Lease, paid prior Lessee's obligation to Closing and allocable in whole or in part to any period following the Closing pay rent shall be credited absolute and unconditional under all circumstances, notwithstanding: (i) any setoff, counterclaim, recoupment, defense or other right which Lessee may have against Lessor for any reason whatsoever, (ii) any defect in the title, right to Purchaser use, condition, operation, fitness for use, damage or destruction of or to the Leased Property or any interruptions or cessations in use or possession thereof for any reason whatsoever, (iii) any insolvency, bankruptcy, reorganization or similar proceedings instituted by or against Lessee. Unless otherwise delineated on the Lease Schedule, any Deposit shall be returned to Lessee if Lessor does not accept the transaction. Otherwise, upon acceptance by Lessor, any Deposit shall be treated as a transaction fee to be retained by Lessor and is not to be applied to rental or other payments due and owing under the Lease. Lessee hereby waives, to the extent so allocable and if allocable in whole or in part to permitted by applicable law, any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums right which are due and payable it may now, or at any time hereafter, have to Seller by any tenant but uncollected as of cancel, terminate, or surrender this lease except in accordance with the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leasesexpress terms hereof.

Rentals. Rentals and any other charges receivable (including expenses incurred pursuant to said Leases) At the Close of Escrow, the parties shall prorate rental income received from Tenants under the Leases (including base rents and CAM reimbursements) for the month in effect at Closing, as evidenced by which the Updated Rent Roll Close of Escrow occurs (except as otherwise provided hereinthe “Current Month”), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Closing Delinquent rents shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause prorated. Any rental payments received after the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment Close of any rent due for the current period, and excess amounts collected Escrow shall be applied to Delinquent Amountscurrent rentals first and then to delinquent rentals in order of the most recent delinquency. If, if anyafter the Close of Escrow, either party receives rental payments belonging to the other as required by the previous sentence, such party shall promptly forward such amount to the other. Purchaser may not waive Buyer shall use reasonable efforts to collect delinquent rents but shall have no obligation to bring any Delinquent Amounts action or modify a Lease so as proceeding to reduce amounts collect such delinquent rents. No person or entity (other than Buyer) shall institute an action against any tenant for delinquent rentals and other tenant charges owed under Leases for any period and Additional Rents attributable to periods prior to the Current Month prior to the later of 90 days after the Closing Date and five business days after it gives Buyer written notice of such demand or action (and in which no event shall Seller is be entitled to receive take any action against a share tenant which would result in a termination of charges any Tenant Lease or amounts without first obtaining the prior written consent tenant’s right of Selleroccupancy thereunder). With respect to Delinquent Amounts owed by tenants that are no longer tenants Tenants of the Property may be obligated to pay, as additional rent, certain percentage rent, escalations in base rent and pass throughs of operating and similar expenses pursuant to the terms of the date of ClosingLeases (collectively, “Additional Rents”). As to any Additional Rents that are based on estimates and that are subject to adjustment or reconciliation pursuant to the Leases after the Closing Date, Seller and Buyer shall retain all rights relating thereto“re prorate” such Additional Rents (including any portions thereof that may be required to be refunded to tenants) at the time that such estimates are actually adjusted or reconciled pursuant to the terms of such Leases. All security deposits or other deposits which Any amounts that may be due Seller has the right to hold as a result of the date of Closing (including, without limitation, non-refundable cleaning fees) such re prorations shall be assigned paid by Buyer to Seller promptly after Buyer collects such amounts from the tenants, and transferred to Purchaser and Purchaser will assume and pay to respective any amounts that may be due the tenants the amount from Seller as a result of such deposits according re prorations shall be paid by Seller to the LeasesBuyer promptly after written request therefor is delivered to Seller by Buyer.

Rentals. Rentals The quarterly rent payable for each Schedule shall be the amount shown on such Schedule. Lessee shall pay to Lessor the quarterly rent in advance for each quarter or any part thereof following the Commencement Date. The first Base Lease Term rental payment shall be made on the first day of the calendar quarter following the Commencement Date. A prorata portion of the quarterly rental charges, based on a daily rental of one-ninetieth (1/90th) of the quarterly rental calculated from the Commencement Date to the end of the calendar quarter, shall be due and payable at the Commencement Date. Installments of rent (or any other charges receivable portion thereof) which are not paid within ten (including expenses incurred pursuant 10) days after their due date shall be subject to said Leasesa delinquency payment equal to five percent (5%) under of the Leases in effect late installment. For delinquent installments of rent which remain unpaid at Closingthe end of each month, Lessee shall also pay to Lessor an administrative fee equal to two percent (2%) of the aggregate unpaid amount. All rent shall be paid at the place of business of Lessor shown above or another place as evidenced Lessor may designate by the Updated Rent Roll (except written notice to Lessee. Except as otherwise provided herein)in this Lease, paid prior Lessee's obligation to Closing and allocable in whole or in part to any period following the Closing pay rent shall be credited absolute and unconditional under all circumstances, notwithstanding: (i) any setoff, counterclaim, recoupment, defense or other right which Lessee may have against Lessor for any reason whatsoever; (ii) any defect in the title, right to Purchaser use, condition, operation, fitness for use, damage or destruction of or to the Equipment or any interruptions or cessations in use or possession for any reason whatsoever; (iii) any insolvency, bankruptcy, reorganization or similar proceedings instituted by or against Lessee. Any Deposit shall be returned to Lessee (without interest) if Lessor does not accept this Lease. Otherwise, upon acceptance of this Lease by Lessor, any Deposit shall be applied by Lessor (as specified on the Schedule) to rental or other payments or costs of Lessor due and owing under the Lease. Lessee hereby waives, to the extent so allocable and if allocable in whole or in part to permitted by applicable law, any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums right which are due and payable it may now or at any time hereafter have to Seller by any tenant but uncollected as of cancel, terminate, or surrender this Lease except in accordance with the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leasesexpress terms hereof.

Rentals. As used herein, “Rentals” includes fixed monthly rentals, additional rentals, escalation rentals, retroactive rentals, percentage rentals, operating cost pass-throughs and other sums and charges payable by Tenants under the any Tenant Leases. Delinquent Rentals shall be prorated between Buyer and Seller as of the Close of Escrow but not until they are actually collected by Buyer. Buyer shall have the right, but not the obligation, to collect any other charges receivable delinquent Rentals; provided, however, Buyer agrees to send invoices to Tenants for delinquent Rentals for a period of six(6) months following the Close of Escrow. From and after the Close of Escrow, Seller shall have the right to institute or continue any legal action to collect delinquent Rentals under any Tenant Lease, provided that Seller shall not be permitted to commence or continue any action to terminate the applicable Tenant Lease or the Tenant’s right to possession of a portion of the Property pursuant to any Tenant Lease. Buyer shall not be obligated to remit to Seller any Rentals received from Tenants after the Close of Escrow unless such Tenants are current in their Rental obligations for periods occurring from and after the Close of Escrow. Delinquent Rentals collected by Buyer, net of the costs of collection (including expenses incurred pursuant to said Leases) under the Leases in effect at Closing, as evidenced by the Updated Rent Roll (except as otherwise provided hereinactual out-of-pocket attorneys’ fees), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited applied first to Purchaser amounts currently due and then to amounts most recently overdue. Buyer shall remit any amounts to which Seller is ELECTRONIC ARTS INC. entitled in accordance with this Section 9.1 to Seller immediately upon receipt. Except as specified above, if either Buyer or Seller receives any revenues attributable to the period during which it is not the owner of the Property, said party shall promptly forward such amounts to the other party (if such revenues are only partially attributable to the period during which said party is not the owner of the Property, the amount paid to the other party shall be based upon proration as of the Close of Escrow as set forth above). Notwithstanding the foregoing, Seller shall be entitled to an increase in the Purchase Price to the extent so allocable any rents or other amounts due as of the Close of Escrow, and if allocable in whole or in part attributable to any period periods prior to the Closing shall be credited to Close of Escrow, under the Lease between Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the LeasesBuyer remain unpaid.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any other charges receivable portion thereof (including expenses incurred pursuant to said Leasescollectively, the "Tenants") under the Leases in effect at Closing, as evidenced by the Updated Rent Roll (except as otherwise provided herein), paid prior to Closing and allocable in whole or in part to any period following the Closing shall be credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected prorated as of the Closing Close of Escrow. However, Buyer shall not be adjusted (“Delinquent Amounts”)obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but Purchaser shall cause be required merely to pay to Seller, Seller's share of the rent and other sums for the period prior to Closing to be remitted to Seller same if, as and when collected (but Purchaser received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall not be required applied as follows: first, to take legal action the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for such amounts accruing periods prior to the Closing), and any rent Close of Escrow. Any rental payments received by Purchaser Seller following the Close of Escrow shall first be applied paid over to the payment Buyer within five (5) business days of any rent due for the current period, receipt and excess amounts collected shall be applied in the manner described above. Seller shall have no right whatsoever to Delinquent Amounts, if any. Purchaser may not waive initiate any Delinquent Amounts action against any Tenant for unlawful detainer or modify a Lease so as other right or action to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share dispossess such Tenant of charges or amounts without first obtaining the prior written consent of Seller. With its leased premises with respect to Delinquent Amounts owed any duties or obligations of such Tenant under the Leases. Prior to closing Seller will distribute any funds held in bank accounts to its respective partners and members in accordance with their respective interests and will provide for the assumption by tenants that are no longer tenants Seller of all short term liabilities of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the LeasesPartnerships.

Rentals. Rentals Rent and other payments, including without limitation any other charges receivable (including expenses incurred additional rent and percentage rent, which are payable pursuant to said the Leases) under , applicable to the Leases time period in effect at Closingwhich the Close of Escrow occurs, as evidenced and have been received by the Updated Rent Roll (except as otherwise provided herein), paid Seller prior to Closing and allocable in whole or in part to any period following the Closing Date, shall be credited pro-rated on a per diem basis as of the Closing Date. Seller shall use its commercially reasonable efforts to Purchaser resolve, prior to the extent so allocable and if allocable in whole or in part to Closing Date, any rent arrearages arising under Leases for the period prior to the Closing Date; however, if any such arrearages exist at Closing, Buyer shall pay to Seller any rent actually collected after Closing which is applicable to the period preceding the Closing Date in accordance with this Section 3.12.4. All rent, including any delinquent rent, collected by Buyer after Closing shall be credited applied first to the current month's rent, second to unpaid, past due rent accruing after the Closing Date, and third to the unpaid rent accruing prior to the Closing Date (and such pre-Closing rent collected by Buyer shall be paid to Seller to within ten (10) days after Buyer's receipt thereof). In no event shall delinquent rent be prorated. During the extent so allocable. Rent and all other sums which are due and payable to Seller by twelve (12) month period following Closing, Buyer shall xxxx tenants for any tenant but uncollected as rent arrearages in respect of the Closing shall not be adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to the Closing Date and shall use its commercially reasonable efforts to be remitted to Seller ifcollect same, as and when collected (but Purchaser provided that Buyer shall not be required to incur any other cost or commence any legal proceeding in order to collect such arrearage. Any prepaid rentals including with respect to operating expenses shall be credited to Buyer as of the Close of Escrow. Buyer shall be credited and Seller shall be debited with an amount equal to all rent abatements and rent concessions applicable to periods after the Close of Escrow. Seller shall retain the right to take legal action for such to collect any delinquent rents or other amounts accruing owing Seller applicable to the period prior to the Closing)Closing Date, and any rent received by Purchaser shall first be applied except with to the payment of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which extent Seller is entitled deemed to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With have waived its right to do so with respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property Tenant commonly known as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right "Sports Plus" pursuant to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the LeasesSection 3.12.5 below.

Rentals. Rentals At Closing, Seller must credit to Purchaser the amount of any rent other sums and any other charges receivable (including expenses incurred pursuant to said Leasesexcluding Security Deposits) which are payable by the tenants under the Tenant Leases (collectively, "RENTALS") for periods after the Proration Date during the month in effect which Closing occurs and the amount of any pre-paid Rentals received by Seller from any tenant under the Tenant Leases for periods after the Proration Date. Seller shall keep and retain (i) all Rentals (whether paid or unpaid at Closing) payable for the month in which Closing occurs, as evidenced (ii) all pre-paid Rentals received by the Updated Rent Roll (except as otherwise provided herein), paid Seller for periods prior to Closing the Proration Date, and allocable in whole or in part to any period following the Closing shall be credited to Purchaser (iii) to the extent so allocable and if allocable in whole Purchaser was given a credit for same, all pre-paid Rentals received by Seller for periods after the Proration Date. If Purchaser collects or in part to receives any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected Rentals delinquent as of the Closing shall Proration Date (the "DELINQUENT RENTALS"), Purchaser agrees to pay such amounts to Seller, in Cash Funds, within 10 days after Purchaser's receipt thereof. Seller will have the sole and exclusive right to pursue collection of Delinquent Rentals owing to Seller, but Seller will not be adjusted (“Delinquent Amounts”), but Purchaser shall cause entitled to pursue eviction proceedings nor seek the rent and other sums for the period prior to Closing to be remitted to Seller if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Purchaser shall first be applied to the payment termination of any rent due for the current period, and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive Tenant Lease in connection with any Delinquent Amounts or modify a Lease so as to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Property as of the date of Closing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to hold as of the date of Closing (including, without limitation, non-refundable cleaning fees) shall be assigned and transferred to Purchaser and Purchaser will assume and pay to respective tenants the amount of such deposits according to the Leaseslegal action.