Service and Maintenance Contracts. Seller represents and warrants to Buyer that (a) attached hereto as Exhibit G is a list of all service and maintenance contracts applicable to the Property, and (b) true, correct and complete copies of such contracts have been provided to Buyer (the "Service Contracts"). On or before March 15, 2003 Buyer shall identify to Seller which of such contracts Buyer desires to assume and which of such contracts Buyer desires, if possible, to have terminated prior to Closing. Without being obligated to incur any liability, Seller shall use diligent efforts to have terminated prior to Closing or as soon thereafter as may be effected in accordance with the terms thereof, all Service Contracts that Buyer identifies for termination. As part of the Assumed Property Liabilities, the Buyer shall assume the obligations under all Service Contracts which (i) Buyer does not identify for termination and (ii) even if so identified, nevertheless cannot be terminated prior to Closing in accordance with their terms (collectively the "Assumed Service Contracts"). Notwithstanding the foregoing, Seller shall terminate all Service Contracts with a Seller Affiliate at Seller's sole cost and expense, and no such Service Contract shall be or become an Assumed Service Contract.
Service and Maintenance Contracts. There are no service or maintenance contracts binding upon the Property which are not terminable, without penalty, upon not more than thirty (30) days notice.
Service and Maintenance Contracts. There are no contracts or other agreements relating to the rendering by third parties of services to the Branch other than those which shall be delivered to Buyer pursuant to Section 8.12 hereof
Service and Maintenance Contracts. Seller shall, if requested by Buyer, use commercially reasonable efforts to continue to make such services and benefits of any service and maintenance contracts available to Buyer and in such event, Buyer shall pay at the contract rate for any desired services to be rendered to it after the Closing Date pursuant to any existing contract between Seller and third parties. Seller has provided Buyer with copies of service and maintenance contracts related to the Branch which are outstanding as of the Closing Date. With respect to any such contracts, Buyer shall, not later than fifteen (15) days after the Signature Date, notify Seller of those contracts which it elects to assume (to the extent permitted by the relevant contract and law), and Seller shall assign all of its right, title and interest in such contracts so assumed to Buyer at the Closing pursuant to documents and agreements in form and substance reasonably satisfactory to Buyer.
Service and Maintenance Contracts. Seller shall be responsible for payment of all charges under any service contracts affecting its Property until the Closing Date. Seller shall pay all costs and expenses to terminate all service contracts (including, without limitation, Seller’s property management agreement).
Service and Maintenance Contracts. (a) On or before May 15, 2003, Seller shall identify for Purchaser in writing any and all maintenance, service and other contracts for the Properties that Seller desires Purchaser to assume at Closing (the "Service Contracts"). At Closing, Seller shall assign to Purchaser, and Purchaser shall assume, all previously identified Service Contracts, but only if the Service Contracts are validly assignable. Any Service Contracts that, by their terms, are not validly assignable to Purchaser shall be retained by Seller. Seller shall indemnify, defend and hold Purchaser harmless from and against all claims for payment by such contractors for services with respect to such Property rendered prior to the date of the Closing. Purchaser may terminate (and Seller shall, at no cost to Seller, assist Purchaser in terminating) any Service Contracts that Purchaser desires to terminate, but Purchaser shall be solely responsible for paying, and shall indemnify Seller against, any and all fees and other costs associated with any such Service Contract terminations. The foregoing provisions of this Section 8(a) shall survive the Closing and delivery of the Deed or Assignment, as applicable.
(b) Seller hereby agrees that from and after February 28, 2003, Seller shall not enter into any leases of or contracts for any Property, the term of which leases or contracts extend beyond the Closing without Purchaser's prior written consent, which consent for leases may be given or withheld in Purchaser's sole discretion, but for contracts shall not be unreasonably withheld. Purchaser shall object to any request for consent within five (5) days of presentment by Seller or Purchaser shall be deemed to have consented to the requested lease or contract (each an "Approved Lease"). Purchaser shall pay for all tenant improvement, brokerage and other leasing costs in connection with any Approved Leases to the extent such costs are not reflected in the calculation of the Sales Price.
Service and Maintenance Contracts. Borrower has delivered to Lender a true and complete copy of all material service, maintenance or similar type contracts or agreements affecting or pertaining to the Property or its operation, or any portion thereof.
Service and Maintenance Contracts. (a) Seller has entered into certain maintenance and service contracts for certain of the Fee Properties, all of which shall be terminated at or prior to the Settlement for each such Fee Property. Seller shall indemnify, defend and hold Purchaser harmless from and against all claims for payment by such contractors for services with respect to such Fee Property rendered prior to the date of the Settlement for such Fee Property. The foregoing provisions of this Section 10(a) shall survive the Settlement for such Fee Property and delivery of the Deed (as hereinafter defined) or Assignment (as hereinafter defined), as applicable.
(b) Seller hereby agrees that from and after the date hereof, Seller shall not enter into any leases of or contracts for any Fee Property, the term of which leases or contracts extend beyond the Settlement for such property without Purchaser's prior written consent, which consent may be given or withheld in Purchaser's sole discretion.
Service and Maintenance Contracts. Tenant shall, from and after the Building B Turnover Date and Building C Turnover Date, as applicable, with respect to all portions of the Project in which the initial construction of the subject Work has been substantially completed (other than with respect to the Lab Space, in which Tenant shall be responsible regardless of whether the work therein is substantially completed) and Landlord has delivered vacant possession thereof to Tenant (subject to any contractors or subcontractors completing such Work), enter into ongoing service and maintenance contracts, consistent with the Performance Standard, for all of those items which are Tenant’s responsibility under this Section 8.2, including the Building’s Systems, sprinkler systems, alarm service, janitorial, trash removal, landscaping, parking, snow removal, exterior and interior pest control, security and elevator maintenance. Upon Landlord’s request therefor, Tenant shall deliver to Landlord such documentation certifying that all such items which Tenant is required to maintain hereunder are then in good repair and condition and have been maintained in accordance with this Section 8.2. In furtherance of the foregoing, Tenant, during the entire Term, from and after the Building B Turnover Date and Building C Turnover Date, as applicable, with respect to all portions of the Project in which the initial construction of the subject Work has been substantially completed (other than with respect to the Lab Space, in which Tenant shall be responsible regardless of whether the work therein is substantially completed) and Landlord has delivered vacant possession thereof to Tenant (subject to any contractors or subcontractors completing such Work), and at its sole cost and expense, shall enter into regularly scheduled preventative maintenance/service contracts with maintenance contractors approved by Landlord (it being acknowledged that all qualified, reputable contractors with a national presence, such as CBRE, Inc., are deemed acceptable) for servicing all of the Building’s Systems and all generators and other major equipment located at the Project. Such service contracts must include all services suggested by the equipment manufacturer in its operations/maintenance manual. An executed copy of such contracts (which may be redacted to remove any confidential information unrelated to the scope of work covered thereby) shall be provided to Landlord within ten business days following the date upon which Tenant takes...
Service and Maintenance Contracts. Seller shall be responsible for payment of all charges actually billed under any Service Contracts until the Closing Date.
