Common use of Surviving Service Contracts Clause in Contracts

Surviving Service Contracts. On or before June 30, 2021, Buyer shall provide written notice to Seller identifying the Service Contracts that Buyer wishes to have terminated at or before Closing (“Buyer’s List”). If Seller declines to terminate any of the Service Contracts on Buyer’s List, then Seller shall provide Buyer, within five (5) business days of receiving Buyer’s notice, with written notice of the Service Contracts on Buyer’s List that Seller declines to have terminated (the “Remaining Contracts”). If Seller declines to terminate any of the Service Contracts on Buyer’s List, then Buyer may elect, through written notice to Seller within five (5) business days after Buyer’s receipt of Seller’s notice, to terminate this Agreement and receive refund of the Xxxxxxx Money, and upon such refund, neither party shall have any further obligation to the other except as to provisions herein which expressly survive termination. If Buyer does not elect to so terminate this Agreement, then Buyer shall be deemed to have elected to assume the Remaining Contracts and Seller shall terminate any Service Contract on Buyer’s List other than the Remaining Contracts (the “Terminated Contracts”), at Seller’s sole cost and expense, effective on or before the Closing Date, and shall indemnify Buyer for any cost or expense (including reasonable attorney’s fees) associated with the Terminated Contracts. The Service Contracts that are not to be terminated pursuant to this Section shall be herein referred to as the “Surviving Service Contracts.”

Surviving Service Contracts. On or before June 30, 2021the Inspection Date, Buyer shall provide written notice to Seller identifying the Service Contracts that Buyer wishes to have terminated at or before Closing (“Buyer’s List”)Closing. If Seller declines to terminate any of the Service Contracts on Buyer’s Listdesignated by Buyer for termination, then Seller shall provide Buyer, within five (5) 5 business days of receiving Buyer’s notice, with written notice of the Service Contracts on Buyer’s List that Seller declines to have terminated (the “Remaining Contracts”)terminated. If Seller declines to terminate any of the Service Contracts on Buyer’s ListContracts, then Buyer may elect, through written notice to Seller within five (5) 5 business days after Buyer’s receipt of Seller’s notice, to terminate this Agreement and receive refund of the Xxxxxxx Money, and upon such refund, neither party shall have any further obligation to the other except as to provisions herein which expressly survive termination. If Buyer does not elect to so terminate this Agreement, then Buyer shall be deemed to have elected accepted the Service Contracts that Seller declined to assume the Remaining Contracts and terminate. If this Agreement is not terminated, Seller shall terminate any Service Contract on not accepted or deemed accepted by Buyer’s List other than the Remaining Contracts (the “Terminated Contracts”), at Seller’s sole cost and expense, effective on or before the Closing Date, and shall indemnify Buyer for any cost or expense (including reasonable attorney’s fees) associated with the Terminated Contracts. The Service Contracts that are not to be terminated pursuant to this Section shall be herein referred to as the “Surviving Service Contracts.”

Surviving Service Contracts. On or before June 30, 2021the Inspection Date, Buyer shall provide written notice to Seller identifying the Service Contracts that Buyer wishes to have terminated at or before Closing (“Buyer’s List”)Closing. If Seller declines to terminate any of the Service Contracts on Buyer’s Listdesignated by Buyer for termination, then Seller shall provide Buyer, within five (5) 5 business days of receiving Buyer’s notice, with written notice of the Service Contracts on Buyer’s List that Seller declines to have terminated (the “Remaining Contracts”)terminated. If Seller declines to terminate any of the Service Contracts on Buyer’s ListContracts, then Buyer may elect, through written notice to Seller within five (5) 5 business days after Buyer’s receipt of Seller’s notice, to terminate this Agreement and receive refund of the Xxxxxxx Exxxxxx Money, and upon such refund, neither party shall have any further obligation to the other except as to provisions herein which expressly survive termination. If Buyer does not elect to so terminate this Agreement, then Buyer shall be deemed to have elected accepted the Service Contracts that Seller declined to assume the Remaining Contracts and terminate. If this Agreement is not terminated, Seller shall terminate any Service Contract on not accepted or deemed accepted by Buyer’s List other than the Remaining Contracts (the “Terminated Contracts”), at Seller’s sole cost and expense, effective on or before the Closing Date, and shall indemnify Buyer for any cost or expense (including reasonable attorney’s fees) associated with the Terminated Contracts. The Service Contracts that are not to be terminated pursuant to this Section shall be herein referred to as the “Surviving Service Contracts.”” Without limiting the foregoing, Seller agrees to terminate (effective on or before the Closing), (i) any Service Contracts that Buyer requests Seller to terminate so long as they are terminable on 30 days notice, without penalty, and (ii) any property management and/or listing agreements that Buyer requests be terminated.

Surviving Service Contracts. On or before June 30, 2021the Inspection Date, Buyer shall provide written notice to each Seller identifying the Service Contracts relating to the Property owned by such Seller that Buyer wishes to have terminated at or before Closing (“Buyer’s List”)Closing. If such Seller declines to terminate any of the Service Contracts on Buyer’s Listdesignated by Buyer for termination, then such Seller shall provide Buyer, within five (5) business days of receiving Buyer’s notice, with written notice of the Service Contracts on Buyer’s List that such Seller declines to have terminated (the “Remaining Contracts”)terminated. If such Seller fails to provide written notice declining to terminate a Service Contract, then all Service Contracts requested by Buyer to be terminated shall be terminated by such Seller, effective on or before the Closing. If such Seller declines to terminate any of the Service Contracts on Buyer’s ListContracts, then Buyer may elect, through written notice to such Seller within five (5) business days after Buyer’s receipt of such Seller’s notice, to terminate this Agreement and receive refund of the Xxxxxxx Money, and upon such refund, neither party shall have any further obligation to the other except in its entirety or as to provisions herein which expressly survive terminationsuch Property only. If Buyer does not elect to so terminate this AgreementAgreement with respect to such Property, then Buyer shall be deemed to have elected to assume take title subject to the Remaining Service Contracts and that such Seller shall terminate any Service Contract on Buyer’s List other than the Remaining Contracts (the “Terminated Contracts”), at Seller’s sole cost and expense, effective on or before the Closing Date, and has declined to have terminated. Sellers shall indemnify Buyer for any cost or expense (including reasonable attorney’s fees) associated with the Terminated ContractsService Contracts terminated by Sellers. The Service Contracts that are not to be terminated pursuant to this Section 6.4 shall be herein referred to as the “Surviving Service Contracts.”

Surviving Service Contracts. On or before June 30, 2021the Inspection Date, Buyer shall provide written notice to Seller identifying the Service Contracts that Buyer wishes to have terminated at or before Closing (“Buyer’s List”)Closing. If Seller declines to terminate any of the Service Contracts on Buyer’s Listdesignated by Buyer for termination, then Seller shall provide Buyer, within five (5) 5 business days of receiving Buyer’s notice, with written notice of the Service Contracts on Buyer’s List that Seller declines to have terminated (the “Remaining Contracts”)terminated. If Seller declines to terminate any of the Service Contracts on Buyer’s ListContracts, then Buyer may elect, through written notice to Seller within five (5) 5 business days after Buyer’s receipt of Seller’s notice, to terminate this Agreement and receive refund of the Xxxxxxx Exxxxxx Money, and upon such refund, neither party shall have any further obligation to the other except as to provisions herein which expressly survive termination. If Buyer does not elect to so terminate this Agreement, then Buyer shall be deemed to have elected to assume take title subject to the Remaining Service Contracts and that Seller declined to terminate. If this Agreement is not terminated, Seller shall terminate any Service Contract on not accepted by Buyer’s List other than the Remaining Contracts (the “Terminated Contracts”), at Seller’s sole cost and expense, effective on or before the Closing Date, and shall indemnify Buyer for any cost or expense (including reasonable attorney’s fees) associated with the Terminated Contracts. The Service Contracts that are not to be terminated pursuant to this Section shall be herein referred to as the “Surviving Service Contracts.”” Seller shall indemnify, defend and hold Buyer harmless from and against any and all claims, actions, demands, liabilities, suits, causes of action, damages, costs or expenses (including, without limitation, attorneys’ fees and disbursements) arising under or relating to any Service Contract that was not provided to Buyer prior to the Inspection Date. Seller’s obligations pursuant to this Section 6.4 shall survive the Closing.