6. HRSR 12-04-2006 - Laserfiche WebLink

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7. Possession. Upon Buyer's full performance of Buyer's obligations under this Agreement, Seller must deliver possession of the Property to Buyer, subject to the rights of Tenants, as defined in Section 12(c). Further: a. Seller shall cooperate with Buyer to transfer any electric, natural gas and sewer and water utilities that are in Seller's name to Buyer's name. b. If closing occurs in 2006, Seller is entitled to retain all rent due for the month of December, 2006. If closing does not occur unti12007, rent due in the month in which the closing actually occurs will be prorated on a per diem basis between Seller and Buyer. c. Seller is responsible for collecting any and all rent due to Seller on or before the Date of Closing. If one or more Tenants are delinquent in the payment of rent due on or before the Date of Closing, rent received after the Date of Closing will be credited first to the payment of rent due after the Date of Closing. Buyer will tender to Seller any rent received after the Date of Closing that is in excess of the rent due after the Date of Closing for application to rent due, but not paid, prior to the Date of Closing provided Seller, at closing, provides Buyer with written notice of the amount, if any, of delinquent rent due as of the Date of Closing. d. Seller represents and warrants to Buyer that Seller has not received a security deposit from any of the tenants under the Leases. At closing, Seller shall tender to Buyer an amount equal to all prepaid rent Seller has received on or before the Date of Closing. e. Before delivering possession of the Property to Buyer, Seller must remove all personal property, refuse and debris from the Property (except for the personal property of Tenants). If Seller does not move all personal property, refuse and debris from the Property before Seller's delivery or possession of the Property to Buyer, Buyer may declare such personal property, refuse and debris abandoned and dispose of such materials in any manner that Buyer deems appropriate. Buyer is entitled to recover from Seller all costs associated with Buyer's disposal of personal property, refuse or debris left on the Property subsequent to Buyer's acceptance of possession thereof. Should Seller refuse to pay such amounts upon demand, Buyer may initiate a legal action against Seller to recover such amounts along with any costs and attorney fees that Buyer incurs in connection with such action. 8. Closing. The Parties must meet at the offices of Buyer at 9:30 a.m., on December 22, 2006 (the "Date of Closing"), at which time: a. Seller must: (i) execute and/or deliver to the closing agent, with copies to Buyer, and make arrangements to have the closing agent record or file in the appropriate county land records any documents necessary to establish the marketability of Seller's title to the Property, subject only to Permitted Encumbrances; i9al~z~~~ 2