Construction of Hotel. (i) To Seller’s knowledge, the Hotel has been constructed in a good and workmanlike manner without encroachments except as noted on the Survey and in accordance in all material respects with the Construction Plans. To Seller’s knowledge, the Hotel has received all building permits and certificates of occupancy necessary for the operation thereof, and is in compliance with applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.
(ii) To the best of Seller’s knowledge, the Personal Property is in good condition and operating order.
Construction of Hotel. (a) Subject to the terms and conditions of this Contract, Seller shall (i) construct the Hotel on the Land (a) in a good, workmanlike and diligent manner, (b) in accordance with development standards for comparable projects, (c) in compliance in all material respects with the Plans and Specifications approved by Franchisor and with all Legal Requirements and (d) in accordance with all requirements of the Franchise Agreement and (ii) cause the Hotel to be fully equipped with the FF&E and otherwise fully furnished and stocked with merchandise, supplies, inventory and other Personal Property as required by the Franchise Agreement, including, without limitation, linens, bath towels and other supplies at least at a 2-par level for all suites or rooms of the Hotel, in each case such that the Hotel can be opened for business to the public and operated to full capacity under the Brand. All expenses of constructing, equipping and furnishing the Hotel in accordance with this Contract shall be the sole responsibility of Seller, and Buyer shall have no obligation whatsoever to adjust the Purchase Price or pay any additional costs as a result of unforeseen events or circumstances affecting the cost of constructing, equipping or furnishing the Hotel.
Construction of Hotel. To the actual knowledge of Seller, without investigation:
(i) The Hotel has been constructed in a good and workmanlike manner without encroachments and in accordance in all material respects with the Contracts, Plans and Specs, and all building permits and certificates of occupancy therefor and all applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.
(ii) The Personal Property is in good condition and operating order.
(iii) Necessary easements for ingress and egress, drainage, signage and utilities serving the Hotel have either been dedicated to the public, conveyed to the appropriate utility or will be conveyed to Buyer along with the Property.
Construction of Hotel. (i) The Hotel has been constructed in a good and workmanlike manner without encroachments and in accordance in all material respects with the Contracts, Plans and Specs, and all building permits and certificates of occupancy therefor and all applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.
(ii) The Personal Property is in good condition and operating order.
(iii) Necessary easements for ingress and egress, drainage, signage and utilities serving the Hotel have either been dedicated to the public, conveyed to the appropriate utility or will be conveyed to Buyer along with the Property.
Construction of Hotel. (i) The Hotel is being transferred on an AS IS basis. To the extent that Seller has knowledge of problems with the physical condition of the Hotel, Seller hereby discloses such information on Schedule 7.1(n) attached.
(ii) The Personal Property is being transferred on an AS IS basis. To the extent that Seller has knowledge of problems with the physical condition of the Personal Property, Seller hereby discloses such information on Schedule 7.1(n) attached.
(iii) Current easements for ingress and egress, drainage, signage and utilities serving the Hotel have either been dedicated to the public, conveyed to the appropriate utility or will be conveyed to Buyer along with the Property.
Construction of Hotel. (i) To Seller’s and Indemnitor’s knowledge the Hotel has been constructed in a good and workmanlike manner without encroachments not disclosed on the Survey and in accordance in all material respects with the record plans and specs, and all building permits and certificates of occupancy therefor and all applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.
(ii) To Seller’s and Indemnitor’s knowledge the Personal Property is in good condition and operating order.
(iii) To Seller’s and Indemnitor’s knowledge, necessary easements for ingress and egress, drainage, signage and utilities serving the Hotel have either been dedicated to the public, conveyed to the appropriate utility or will be conveyed to Buyer along with the Property, or otherwise provided for such that the Hotel may operate. Notwithstanding the foregoing, Buyer acknowledges that it is being given a full opportunity to completely inspect the Property, the operation thereof, and the financial and other information in connection therewith. In addition, Buyer represents and warrants that it will inspect the Property and, if it elects to close the transaction, will be familiar with and satisfied with the condition of Property including, without limitation, the location, condition, layout and physical condition of the Property and surrounding areas, geotechnical data, surface, soil and subsurface conditions of the Property and all structural matters related thereto. Therefore, except as specifically provided in this Agreement, Seller is conveying and Buyer is accepting the property in strictly “AS IS” condition with all faults and, except for the specific warranties and representations provided in this Agreement, Seller is not making any further warranties or representations, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Buyer represents and warrants that, Buyer is experienced in the acquisition of real property, including lodging properties, and that as of the Closing Date, Buyer will be familiar with the Property and will have made such independent investigations as Buyer deems necessary or appropriate concerning the Property. If Buyer elects to proceed with the purchase of the Property, any objections which Buyer may have with respect to the Property shall be waived by the Buyer. All warranties and representations contained in this Agreement shall survive the Clo...
Construction of Hotel. The Hotel has been constructed in a good and workmanlike manner and in accordance in all material respects with the Contracts, Plans and Specs, and all building permits and certificates of occupancy therefor and all applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes.
Construction of Hotel. To the actual knowledge of Seller, without investigation, necessary easements for ingress and egress, drainage, signage and utilities serving the Hotel have either been dedicated to the public, conveyed to the appropriate utility or will be conveyed to Buyer along with the Property.
Construction of Hotel. (i) The Hotel has been constructed in a good and workmanlike manner without encroachments and in accordance in all material respects with the Contracts, Plans and Specs (as revised by work order or other approval of the Company during construction), and all building permits and certificates of occupancy therefor and all applicable zoning, platting, subdivision, health, safety and similar laws, rules, regulations, ordinances and codes. The Franchisor inspected and approved the Hotel upon substantial completion and authorized the opening thereof, and any punchlist items required by the Franchisor to be completed after the opening were completed as required by the Franchisor.
(ii) The Personal Property is in good condition and operating order, normal wear and tear excepted.
(iii) All necessary easements for ingress and egress, drainage, signage and utilities serving the Hotel have been dedicated to the public or conveyed to the appropriate utility or to the Company.
Construction of Hotel. (a) Subject to the terms and conditions of this Contract, Seller shall (i) construct the Hotel on the Land (a) in a good, workmanlike and diligent manner, (b) in accordance with development standards for comparable projects, (c) in compliance in all material respects with the Plans and Specifications approved by Franchisor and with all Legal Requirements and (d) in accordance with all requirements of the Franchise Agreement and (ii) cause the Hotel to be fully equipped with the FF&E (including flat screen LCD HD televisions in all rooms that meet or exceed the latest upgraded brand specs) and otherwise fully furnished and stocked with merchandise, supplies, inventory and other Personal Property as required by the Franchise Agreement, including, without limitation, linens, bath towels and other supplies at least at a 2-par level for all suites or rooms of the Hotel, in each case such that the Hotel can be opened for business to the public and operated to full capacity under the Brand. All expenses of constructing, equipping and furnishing the Hotel in accordance with this Contract shall be the sole responsibility of Seller, and Buyer shall have no obligation whatsoever to adjust the Purchase Price or pay any additional costs as a result of unforeseen events or circumstances affecting the cost of constructing, equipping or furnishing the Hotel.
