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i i to collect such amounts or declare a Tenant in default under its Lease. Buyer will prepare and send to Tenants all operating statements and data required by the Leases,and Seller will cooperate and assist Buyer in preparing the same to the extent reasonably required and requested by Buyer. Any amounts due and owing Seller before the Closing Date by Tenants under the Leases which are unpaid on the Closing Date are herein called"Delinquent Amounts." There will be no cash credit to Seller at Closing on account of any Delinquent Amounts, but following Closing, Rent and other payments received by Buyer or Seller from Tenants will be first applied toward the payment of Rent and Charges then currently due to Buyer,then applied toward the actual out-of-pocket costs of collection incurred by Buyer and any excess monies received will be applied toward the payment of Delinquent Amounts. After application as set forth above, Buyer will remit to Seller within 30 days after Buyer's receipt thereof that portion of Rent and Charges received by Buyer after the Closing Date attributable to periods prior to the Closing Date. As to any Charges that are based on estimates which are subject to adjustment or reconciliation pursuant to the Leases after the Closing Date and expenses which are not ascertainable as of the Closing Date, Seller and Buyer will on or before 30 days after the Closing Date(the"Re-Proration Date"),exchange appropriate information and"re-prorate" such Charges effective as of the Closing Date.On the Re-Proration Date,Seller will determine the amounts actually paid by Seller prior to the Closing Date for which Seller is to be reimbursed by Tenants and the estimated payments for Charges paid by Tenants to Seller prior to the Closing Date.If it is determined that Seller has paid amounts in excess of the estimated payments received by Seller for Charges paid by Tenants, Buyer will reimburse Seller for such amount upon settlement with Tenants and receipt of reimbursement. from Tenants, If Seller has received estimated payments for Charges paid by Tenants in amounts greater than the amount which Seller has paid or is obligated to pay,Seller will pay Buyer such excess amount on the Re-Proration Date. Seller reserves the right to pursue its remedies against any Tenant owing Delinquent Amounts,provided that Seller will not institute any proceeding to evict or dispossess a Tenant from the Property,nor will Seller institute any proceedings whatsoever against any Tenant after expiration of 12 months following the Closing Date without the consent of Buyer,which consent maybe withheld in Buyer's sole discretion. During the 12-month period following Closing,Buyer may,by written notice to Seller,restrict Seller from collecting such Delinquent Amounts, but only if Buyer first pays Seller such Delinquent Amounts in exchange for Seller's assignment to Buyer of all of Seller's rights and causes of action with respect thereto.At Buyer's request following Closing,Seller will,frons time to time,advise Buyer of the status of Seller's collection efforts as to any Delinquent Amounts. 6.9 Other Property Operating Expenses.Operating expenses for the Property(including payments under Surviving Contracts)will be prorated as of the Proration Date regardless of when invoices for the same are received. Seller will pay all utility charges and other operating expenses attributable to the Property prior to the Proration Date (except for those utility charges and operating expenses payable directly by Tenants in accordance with the Leases and not constituting Charges)and Buyer will pay all utility charges and other operating expenses attributable to the Property after the Proration Date.To the extent that the amount of actual consumption of any utility services or actual cost of other operating expenses is not determined prior to the Proration Date,a proration will be made at Closing based on an estimate using the last available reading or estimate of other charges.Final post-closing adjustments and re-prorations between Buyer and Seller will be made on the Re-proration Date.Seller will not assign to Buyer any deposits which Seller has with any of the utility services or companies servicing the Property unless Buyer,at Buyer's option,purchases the deposits at Closing,in which event Seller will assign to Buyer all of Seller's right,title,and interest in such deposits. Buyer will arrange with such services and companies to have accounts opened in Buyer's name beginning at 12:01 a.m.central time on the Proration Date, 6.10 Apportiomnent Credit, hn the event the apportionments to be made at the Closing result in a credit balance(i)to Buyer,such sum will be paid at the Closing by giving Buyer a credit against the Purchase Price in the Page 13 of 38