Condominium Declaration. The purchase of a unit in a condominium includes such accessory rights as are included in a recorded condominium declaration. The Property is warranted to be a part of a condominium declaration made in accordance with LSA‐R.S. 9:1121.101, et seq. as on file in the public records of the parish in which the unit is located (the “Declaration”). SELLER desires to convey to BUYER the Property together with an undivided ownership interest in the common elements of the condominium project known as as the common elements are established in the Declaration. BUYER purchases the Property subject to the Condominium Declaration, Condominium Owner’s Association By‐laws, Articles of Incorporation of the Association, and Association Rules and Regulations applicable thereto. Ownership of the Property to be transferred shall further include an undivided share of all common expenses and common surplus, as defined by the Declaration. Further, the legal description of the Property to be conveyed shall be controlled by the Declaration.
Condominium Declaration. If (i) Seller or Owner receive a written notice of a default under the Condominium Declaration prior to Closing or (ii) the Condominium Estoppel reveals any defaults under the Condominium Declaration, then Seller shall notify Purchaser thereof in writing and either Seller or Purchaser, each in its sole discretion, may elect to adjourn the Scheduled Closing Date from time to time for up to one hundred eighty (180) days in the aggregate, during which period Seller shall use commercially reasonable efforts to cure such alleged default, such cure to be at Seller’s sole cost and expense. If after the expiration of such one hundred eighty (180) day period, Seller has not cured such alleged default, Purchaser may elect to terminate this Agreement upon thirty (30) days prior written notice and receive a full refund of the Deposit and Interest accrued thereon and reimbursement from Seller up to an amount not to exceed [ ] ($[ ]), for the reasonable costs and expenses actually incurred by Purchaser in connection with Purchaser’s negotiation and execution of this Agreement and due diligence with respect to the Property; provided, however, that if such default has been cured within such thirty (30) day period, Purchaser’s election to terminate shall be null and void. Seller shall give Purchaser at least ten (10) days prior written notice of the new Scheduled Closing Date pursuant to this Section 8.10. Any default under the Condominium Declaration shall be deemed cured if Seller shall obtain a replacement Condominium Estoppel which shall not contain any exception relating to such default. Any matter which is the subject of an alleged default under the Condominium Declaration and subject to cure under this Section 8.10 shall not constitute a breach of any representation hereunder until such time as Seller is no longer entitled to cure the same.] [if applicable]
Condominium Declaration. (a) Notwithstanding anything to the contrary contained in the form of Condominium Declaration attached as Exhibit E to the Operating Agreement, the right of first offer to lease in favor of NYTC under Section 5(d) of Article XX thereof, shall not become effective as to any of the First Offer Space (as defined in the form of Condominium Declaration attached as Exhibit E to the Operating Agreement) until the earlier of (i) the first anniversary of the Completion Date and (ii) the date on which such portion of the First Offer Space becomes available for leasing after the expiration of the term of the initial lease of such portion of the First Offer Space.
(b) The Members further agree that the form of Condominium Declaration and By-laws attached as Exhibit E to the Operating Agreement shall be revised to incorporate the changes thereto which are indicated on Exhibit C attached hereto.
Condominium Declaration. Borrower hereby represents and warrants to Lender that (i) Cedar-Xxxxxxx, LLC, a Delaware limited liability company is the sole owner of all of the Units (as defined in the Condominium Declaration), Common Elements (as defined in the Condominium Declaration), Limited Common Elements (as defined in the Condominium Declaration) and other real property subject to the Condominium Declaration, (ii) Borrower is the sole Declarant (as defined in the Condominium Declaration) under the Condominium Declaration, (iii) the Association (as defined in the Condominium Declaration) has never been formed and there is no condominium association or other homeowner’s association in existence as of the date hereof, (iv) as of the date hereof, Borrower, as the holder of the Declarant rights, is not aware of any violation of the covenants, conditions, restrictions, rules and regulations set forth in the Condominium Declaration, and (v) the assessment regime set forth in the Condominium Declaration has not been established or imposed and, as of the date hereof, there are no assessments due and owing under the Condominium Declaration.
Condominium Declaration. All Alterations and the Tenant Improvements are subject to compliance with the Condominium Declaration.
Condominium Declaration. Subsequent to the Real Estate Closing and prior to the Project Commencement Closing, the Developer and the Holding Company shall prepare a condominium declaration, plat and association documents (collectively, the “Condominium Documents”) for the purpose of subjecting the fee interest in the Project Parcel to the condominium form of ownership, pursuant to the Wisconsin Condominium Act. The condominium to be established by the Condominium Documents (the “Condominium”) is anticipated to be a five-unit condominium consisting of units (each, a “Unit”) within which the five Project Elements will be constructed: (i) the Block 88 Office Building Unit, the Hotel Unit, the Block 105 Future Expansion Unit (these three Units, collectively the “Private Units”) and
Condominium Declaration. The Owner shall include a reference in its recorded condominium Declaration to this Trail Easement.
Condominium Declaration. Seller has made available to Buyer a true, correct and complete copy of the Condominium Declaration, which is in full force and effect, to Seller’s knowledge. To Seller’s knowledge, Seller is not in material default of its obligations under the Condominium Declaration, and all sums due and payable thereunder have been paid.
Condominium Declaration. This Declaration shall constitute a Sub-Association Declaration as required by the terms of the Master Declaration.
Condominium Declaration. The term "Condominium Declaration" is defined in the first WHEREAS clause.
