Common use of Possession at Closing Clause in Contracts

Possession at Closing. Seller will deliver possession of the Property to Buyer at the Closing, together with all keys, alarm and entry codes, guaranties, warranties and indicia of ownership held by Seller; provided, however, Seller shall have the right pursuant to the provisions of this Section 9.4 to continue in occupancy of that portion of the Annex A Parcel (the “Temporary Annex A Space”) (approximately 30,000 sq. ft.) which is not subject to the Aspen Master Lease and which has been occupied by Seller during the term of the Aspen Master Lease. Seller’s occupancy of the Temporary Annex A Space shall be for a period of one-hundred twenty (120) days commencing on the Closing Date, subject to early termination by Seller upon written notice to Buyer and surrender of the Temporary Annex A Space to Buyer. Seller’s occupancy of the Temporary Annex A Space shall be on all of the terms set forth in the Aspen Master Lease, which is incorporated into this Section 9.4 by this reference; provided that Seller shall be the “Tenant,” Buyer shall be the “Landlord,” the Premises shall be the Temporary Annex A Space, the term shall be a period of one-hundred twenty (120) days commencing on the Closing Date and Seller have no obligation to pay “Monthly Rent” or “Taxes” to Buyer during such 120 day term. Seller shall be responsible for all other obligations of “Tenant” set forth in the Master Lease, with respect to the Temporary Annex A Space, for such 120-day term including, without limitation, obligations of indemnification of Buyer as “Landlord,” insurance, payment of utilities, maintenance and repairs, etc.