Reproration. If any of the foregoing items described in this Section 2 cannot be apportioned at the Closing Date because of the unavailability of the amounts which are to be apportioned, such items shall be apportioned as soon as practicable after the Closing Date; and the parties shall reasonably cooperate with one another in connection with such apportionment. If, after the Closing, the parties discover any errors in adjustments and apportionments, the same shall be corrected as soon as practicable after discovery of the same. This Section 2 shall survive the Closing and delivery of the Deeds (as hereinafter defined in Section 10(a)(i)).
Reproration. Within six (6) months following the year-end adjustments with Tenants (or other applicable period) under Tenant Leases or Affiliated Entity Leases for operating costs and receipt of final Tax and other bills, the applicable Buyer or its designee(s) shall prepare and present to Seller a calculation of the reproration of such operating costs, Taxes, percentage rent, and other items of income and expense, based upon the actual amount of such items charged to or received by the parties to such Tenant Leases or Affiliated Entity Leases for the year or other applicable fiscal period. Such Buyer (or designee) and Seller shall make the appropriate adjusting payment between them within 30 days after presentment to Seller of such Buyer’s calculation and Seller’s approval thereof which shall not be unreasonably withheld, conditioned or delayed. Seller may inspect the applicable Buyer and/or its designee’s books and records related to the Property to confirm the calculation. If Seller disagrees with any Buyer’s calculation, Seller shall specify its reasons for disagreement and pay any adjustments for which there is no disagreement, and, as to any adjustments with respect to which the parties disagree, the parties shall, prior to submitting such dispute to the applicable jurisdictional body, exercise their best efforts to negotiate in good faith and promptly resolve such disagreement during a period not exceeding thirty (30) days. Either party shall be entitled to a post-Closing adjustment for any incorrect proration or adjustment.
Reproration. All prorations shall be reprorated by Seller and Purchaser as soon as possible upon the receipt of final bills or information for such item of proration, with the appropriate payment by each party to the other for such reproration. ARTICLE 12
Reproration. In the event any prorations made by the parties are found to be erroneous, then either party hereto who is entitled to additional monies shall invoice the other party for such additional amounts as may be owing, and such amount shall be paid within ten (10) days from receipt of the invoice. The obligations of Seller and Buyer to reprorate shall survive the Closing for a period of 180 days, except as provided in paragraph 9(a)(iii) with respect to taxes.
Reproration. In the event any adjustments pursuant to this SECTION 11.5 are, subsequent to Closing, found to be erroneous, then the party who is entitled to additional monies will invoice the other party for such additional amounts as may be owing, and such amount will be paid within ten (10) days from receipt of the invoice. The obligations of Seller and Purchaser under this Paragraph 11.5 will survive the Closing hereof.
Reproration. Except with respect to the Assessments, any proration which must be estimated at Closing shall be reprorated and finally adjusted as soon as practicable after the Closing Date with any refunds payable to Bank or DM to be made as soon as practicable; otherwise all prorations shall be final. Amounts on deposit with utility companies shall not be prorated; provided, however, that promptly following the Closing, DM shall deposit any amounts required for deposit with utility companies and shall refund to Bank any portion of Bank's deposit which is refunded by the utility company to DM.
Reproration. Notwithstanding anything contained herein to the contrary, all reprorations contemplated by this Agreement shall be completed within one (1) year of Close of Escrow. The provisions of this Section 11(d) shall survive Close of Escrow.
Reproration. Within sixty (60) days after the 2017 property tax bills are available (or such earlier date after the Closing when such figures are available), Seller and Buyer shall reprorate real and personal property taxes (taking into account the maximum discount rate) and other items of income and expenses based upon actual bills or invoices received after the Closing and any other items necessary to effectuate the intent of the parties that all income and expense items be prorated as provided above in this Section 4.5 only under the following conditions: (i) if original prorations were based upon estimates; and (ii) the amount owed by the reproration is in excess of Ten Thousand Dollars ($10,000.00). Such amounts owed from reprorated items shall be promptly paid to the party entitled thereto.
Reproration. For purposes of calculating prorations, Buyer shall be deemed to be in title to the Properties, and therefore entitled to the income therefrom and responsible for the expenses thereof, for the entire day upon which the Closing occurs. All such prorations shall be made on the basis of the actual number of days of the year and month that shall have elapsed as of the Closing Date. All of the costs and expenses that have been prorated at Closing, and either credited or charged to the parties, shall be subject to reproration following the Closing Date. Such amounts shall be adjusted in cash, as and when complete and accurate information (including final Real Estate Tax bills) becomes available. Seller and Buyer agree to cooperate and use their good faith and diligent efforts to make such adjustments no later than 30 days after the Closing, or as soon as is reasonably practicable if and to the extent that the required final proration information is not available within such 30 day period. The obligations of the parties pursuant to this Section 11 shall survive the Closing and the delivery of any conveyance documentation for a period of fifteen (15) months, and shall thereafter terminate and shall not merge into any documents of conveyance delivered at Closing.
Reproration. To the extent practicable, all prorations shall be made at Closing. To the extent any such prorations cannot be made at the Closing, the same shall be adjusted and completed after the Closing as and when complete information becomes available. Seller and Purchaser agree to cooperate and to use their best efforts to complete such prorations no later than thirty (30) days after the complete information becomes available. Seller and Purchaser shall use their best efforts prior to the Closing to prepare a schedule of prorations covering current monthly rent, prepaid rent and security deposits, and real property taxes and assessments so that such prorations can be made at the Closing. All adjustments made pursuant to this Article 9 shall be paid in cash or as a credit against the Purchase Price at Closing. The provisions of Article 9 shall survive the Closing.
