Common use of Termination of Existing Leases Clause in Contracts

Termination of Existing Leases. Notwithstanding anything to the contrary contained in this Agreement, the Seller reserves the right, but is not obligated, to institute summary proceedings against any tenant or terminate the Sprint Lease or any portion thereof as a result of a default by any tenant thereunder prior to the Closing Date. The Seller makes no representations and assumes no responsibility with respect to the continued occupancy of the Property or any part thereof by any tenant. The removal of the Prime Tenant whether by summary proceedings or otherwise prior to the Closing Date shall not give rise to any claim hereunder on the part of the Purchaser. Further, the Purchaser agrees that it shall not be grounds for the Purchaser's refusal to close this transaction that the Prime Tenant is a holdover tenant or in default under the Sprint Lease pursuant to any economic or non- economic terms of the Sprint Lease on the Closing Date and the Purchaser shall accept title subject to such holding over or default without credit against, or reduction of, the Purchase Price.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Witter Dean Realty Income Partnership Iv L P), Purchase and Sale Agreement (Dean Witter Realty Income Partnership Iii Lp)

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Termination of Existing Leases. Notwithstanding anything to the contrary contained in this Agreement, the Seller reserves the right, but is not obligated, to institute summary proceedings against any tenant or terminate the Sprint any Lease or any portion thereof as a result of a default by any the tenant thereunder prior to the Closing Dateexpiration of the Due Diligence Period. After the expiration of the Due Diligence Period, the Seller shall not institute summary proceedings against any tenant or terminate any Lease as a result of a default by the tenant thereunder. The Seller makes no representations and assumes no responsibility with respect to (i) the continued occupancy of the Property or any part thereof by any tenanttenant and (ii) the fulfillment by any tenant of its obligations under any Lease. The removal of the Prime Tenant a tenant whether by summary proceedings or otherwise prior to the Closing Date expiration of the Due Diligence Period shall not give rise to any claim hereunder on the part of the Purchaser. Further, the Purchaser agrees that it shall not be grounds for the Purchaser's refusal to close this transaction that the Prime Tenant any tenant is a holdover tenant or in default under the Sprint its Lease pursuant to any economic or non- non-economic terms of the Sprint its Lease on the Closing Date and the Purchaser shall accept title subject to such holding over or default without credit against, or reduction of, the Purchase Price.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Dean Witter Realty Yield Plus L P)

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Termination of Existing Leases. Notwithstanding anything to the contrary contained in this Agreement, the Seller reserves the right, but is not obligated, to institute summary proceedings against any tenant or terminate the Sprint any Lease or any portion thereof as a result of a default by any the tenant thereunder prior to the Closing Date, provided that, after the expiration of the Due Diligence Period, the Seller first obtains the Purchaser's consent. The Seller makes no representations and assumes no responsibility with respect to (i) the continued occupancy of the Property or any part thereof by any tenant. The removal tenant and (ii) the fulfillment by any tenant of the Prime Tenant whether by summary proceedings or otherwise prior to the Closing Date shall not give rise to its obligations under any claim hereunder on the part of the PurchaserLease. Further, the Purchaser agrees that it shall not be grounds for the Purchaser's refusal to close this transaction that the Prime Tenant any tenant is a holdover tenant or in default under the Sprint its Lease pursuant to any economic or non- non-economic terms of the Sprint its Lease on the Closing Date and the Purchaser shall accept title subject to such holding over or default without credit against, or reduction of, the Purchase Price.

Appears in 1 contract

Samples: Purchase and Sale Agreement Purchase and Sale Agreement (Witter Dean Realty Income Partnership Ii Lp)

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