Service and Other Contracts. Manager shall, as necessary, negotiate and execute, in the name of and on behalf of Owner, contracts for services standard for the market in which the Project is located ("Service Contracts"), including but not limited to water, sanitary and storm sewer, drainage, electricity, steam, gas, telephone, fuel, cleaning, garbage removal, pest control, landscape care, heating, ventilation and air conditioning equipment, electrical equipment, plumbing equipment, and all associated systems and other utilities and services necessary or appropriate for the management and operation of the Project in accordance with the Operating Budget. Owner recognizes that the Project may be operated in conjunction with other projects in an effort to provide for more efficient and less expensive methods of operation, and Owner agrees that costs for such shared activities may be equitably allocated or shared between the Project and such other projects on a per unit basis. Unless otherwise approved by Owner, Manager shall enter into Service Contracts that are terminable upon thirty (30) days' notice.
Service and Other Contracts. Buyer's review and approval, in its sole and absolute discretion, of all utility contracts, water and sewer service contracts, service contracts, warranties, permits, soils reports, and other contracts or documents of any nature relating to the Property or any portion thereof (the "CONTRACTS"; those Contracts which Buyer approves in writing prior to the end of the Review Period (and prior to the Closing Date in the case of contracts not entered into or delivered to the Buyer until after the expiration of the Review Period) shall be referred to as the "APPROVED CONTRACTS"). Buyer's remedy if it disapproves any Contract(s) shall be (i) to the extent such disapproved Contract(s) can be terminated without penalty or payment, to compel the Seller to terminate such disapproved Contract(s) on or prior to the Closing, which Seller hereby agrees to do at its sole cost and expense if so requested by Buyer, or (ii) to the extent Seller cannot terminate such disapproved Contract(s), Buyer shall have the option, which must be exercised within ten (10) days of Buyer's receipt of Seller's notice to Buyer that Seller cannot terminate such disapproved Contract(s), or Closing (whichever is earlier), (a) to waive Buyer's disapproval of the Contract(s) and purchase the Property as otherwise contemplated in this Agreement, and Seller shall convey the Property to Buyer, or (b) to terminate this Agreement by written notice to Seller and Escrow Holder, whereupon any and all right and obligations of Buyer and Seller hereunder shall terminate and within five (5) days after Buyer has provided notice to Escrow Holder, Escrow Holder shall deliver to Buyer the Earnxxx Xxxey Deposit, together with interest thereon.
Service and Other Contracts. Amounts, if any, prepaid or ---------------------------- accrued by Seller with respect to any service or other contracts assigned or transferred to Purchaser at the closing, shall be credited to the Seller at the time of the closing.
Service and Other Contracts. Manager will negotiate and execute, for the account of and in the name and on behalf of the Company, contracts in the usual course of business of the Hospital, including without limitation, linen Management Services Agreements, equipment leasing and maintenance contracts, contracts for operating supplies and other supply-chain management contracts, and contracts of insurance. The Company’s prior approval (which will not be unreasonably withheld, conditioned or delayed) shall be obtained in the event the aggregate contractual obligation over the term of the contract either exceeds $50,000.00 or was not contemplated in the applicable Operating Plan.
Service and Other Contracts. Manager will negotiate and execute, for the account of and in the name and on behalf of the Partnership, contracts in the usual course of business of the Surgery Center, including without limitation, linen service contracts, radiology, laboratory and anesthesia contracts, and contracts of insurance. The Partnership's prior approval (which will not be unreasonably withheld, conditioned or delayed) shall be obtained in the event the aggregate contractual obligation over the term of the contract either exceeds $50,000.00 or was not contemplated in the applicable Operating Plan.
Service and Other Contracts. Seller shall promptly deliver, and Buyer shall review and approve in its sole and absolute discretion, a list of and copies of all utility contracts, water and sewer service contracts, service contracts, warranties, permits, soils reports, contracts for employees involved in the operation of the Property (together with a summary of the benefits and compensation payable to such employees) and other contracts or documents of any nature relating to the Property or any portion thereof (the "Contracts"; those Contracts which Buyer approves prior to the end of the Review Period (and prior to the Closing Date in the case of contracts not entered into or delivered or made available to the Buyer until after the expiration of the Review Period) shall be referred to as the "Approved Contracts"). A list of all Contracts is attached hereto as SCHEDULE F. A list of all Approved Contracts is attached hereto as SCHEDULE G.
Service and Other Contracts. A.T.C. Services, Inc. – Temperature Control Maintenance Agreement dated as of February 1, 2004 Simplex Xxxxxxxx – Fire Alarm System Service Agreement dated as of May 1, 2004 Country View, Inc. – Snow Removal Agreement dated as of April 1, 2004 Xxxxxxx Elevator Service Company, Inc. – Elevator Maintenance Agreement dated as of July 1, 2004 Expansion of premises occupied by Fleetwood Financial Corp. by approximately 5,000 RSF at $16/SF for the first 2 years and $16.50/SF for the last 3 years of a 5-year lease. Tenant would have the right to buy out the lease after 2 years by paying 3 months’ rent plus unamortized tenant improvements and leasing commissions. Fleetwood Financial is in the process of being bought out by Israeli Discount Bank.
Service and Other Contracts. Copies of all service, maintenance and supply contracts and equipment leases (including vehicle leases) affecting the use, ownership, maintenance and/or operation of the Property.
Service and Other Contracts. Schedule D attached hereto lists all service, maintenance and supply contracts (collectively, the "Service Contracts") and equipment leases (including vehicle leases) (collectively, the "Equipment Leases") affecting the operation of the Property. Seller is not in material default under any Service Contracts or Equipment Leases. At least fifteen (15) days prior to the Closing, Buyer will notify Seller in writing which Service Contracts it elects to have terminated, and Seller shall terminate such Service Contracts at Seller's sole cost and expense; provided, however, if Buyer fails to give any such notice of termination to Seller at least 35 days prior to Closing and such Service Contract(s) to be terminated require a 30-day advanced notice of termination, then such termination may be delayed for such 30-day notice period (and Buyer shall honor such contracts) provided that Seller gives prompt notice of termination upon receiving notice of termination pursuant to this Section 5.05
Service and Other Contracts. Amounts payable under contracts assigned pursuant to the Assignment and Assumption of Contracts, Intangible Property, Warranties and Guaranties as itemized in EXHIBIT I (the "Assigned Contracts") shall be prorated on an accrual basis. Seller shall pay, prior to the Closing, all such amounts for which a xxxx has been received or for which payment is otherwise due prior to the Closing Date, and Seller shall be credited, and Buyer shall be debited, with any amount of such xxxx applicable to the period following the Closing Date. Buyer shall pay all other such bills and Buyer shall be credited, and Seller shall be debited, at the Closing with an estimated amount of the charges under all such Assigned Contracts applicable to the period prior to the Closing Date. As soon as all bills for payment due under the Assigned Contracts are received by and paid by Buyer after Closing, Buyer shall deliver copies of all such bills to Seller and the amounts shall be again prorated as of the Closing Date. In such event, any overpayment by Buyer shall be reimbursed to Buyer by Seller (which shall be taken from the Prorations Holdback to the extent available) and any underpayment shall be paid by Buyer to Escrow Holder to be held as part of the Prorations Holdback.
