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102 <br /> shall be responsible for such commission or other compensation up to ten percent of the <br /> sales price. Any commission or compensation in excess of ten percent shall be paid by <br /> Buyer. <br /> 23. LEASES: At and as of the closing, Seller will assign to Buyer Seller's rights, and <br /> Buyer will assume Seller's obligations, under any lease which: (a) was granted by Seller <br /> (or its predecessors in interest) as lessor, (b) is known to Seller, and (c) includes or <br /> burdens any portion of the Property; provided, that if Buyer is the lessee under such a <br /> lease,that lease shall merge into the purchase as of the closing.And further provided, that <br /> if a lease includes property other than the Property, the assignment and assumption (or <br /> merger) shall be limited to the leasehold interest in the Property. The assignment and <br /> assumption contemplated by this paragraph shall be limited to rights and obligations <br /> accruing as of and after the closing. Prepaid rentals shall be prorated on a per diem basis <br /> at and as of the closing. In the event of a.partial assignment or merger, rentals in respect <br /> of the period from and after the closing shall be adjusted between Seller and Buyer on the <br /> basis of the square footage of the land area of their respective interests in the leased <br /> premises; provided, however, that where the rental was established on a basis other than <br /> square footage, the adjustment shall be determined using such other basis. Seller will <br /> provide a copy of each such lease to Buyer within 30 days after Seller accepts this offer. <br /> At the closing, the parties will execute an assignment and assumption agreement <br /> incorporating the terms of- this paragraph and identifying such lease or leases. <br /> Notwithstanding the foregoing, Seller reserves to.itself 100% of the gross revenues <br /> attributable to any fiber optic agreement of whatever nature, including gross revenues in <br /> respect of any renewal term or extended term contemplated by said agreement. <br /> 24. EASEMENTS, LICENSES, AND PERMITS: At and as of the closing, Seller will <br /> assign to Buyer Seller's rights, and Buyer will assume Seller's obligations, under existing <br /> easements, licenses, and permits (collectively, instruments) which: (a) were granted by <br /> Seller (or its predecessors in interest), (b) are known to Seller, and (c) include or burden <br /> any portion of the Property. There shall be no proration of prepaid rentals, prepaid fees, <br /> or other prepaid charges in respect of any such instrument. If such an instrument pertains <br /> in part to property other than the Property,the assignment and assumption shall be limited <br /> to the interest the instrument creates in the Property. In the event of, such partial <br /> assignment, the rentals, fees, and other charges which come due after the closing shall <br /> be allocated between Seller and Buyer on the basis of the square footage of the land area <br /> of their respective interests in the property affected by the instrument; provided, however, <br /> that where the rental, fee, or other charge was established on a basis other than square <br /> footage, the adjustment shall be determined using such other basis. The assignment.and <br /> assumption contemplated by this paragraph shall be limited''to rights and obligations <br /> accruing as of and after the closing. Seller will provide a copy of each such instrument to <br /> Buyer within 30 days after Seller accepts this offer. At the closing, the parties will execute <br /> • FORM 900.1l97.STD.00180-01.otp <br /> OFFER TO PURCHASE RAMSEY COUNTY.MN -8- <br /> P-80106 fiWallway <br />