Guests’ Baggage. Prior to Closing, Seller and Buyer shall take inventory of: (a) all baggage, suitcases, luggage, valises and trunks of hotel guests checked or left in the care of Seller; (b) all luggage or other property of guests retained by Seller as security for unpaid accounts receivable; and (c) the contents of the baggage storage room, provided, however, that no such baggage, suitcases, luggage, valises or trunks shall be opened. Except for the property referred to in (b) above, which shall be removed from the Hotel/Casino by Seller within ten (10) days after the Closing and for which Seller shall be liable, all such baggage and other items shall be sealed in a manner to be agreed upon by the parties and listed in an inventory prepared and signed jointly by said representatives of Seller and Buyer as of the Closing. Said baggage and other items shall be stored as Buyer shall choose, and Buyer shall be responsible for claims with respect thereto, unless the seal is broken, in which event the party having stored said baggage shall be responsible. Indemnity of Buyer under this Section 5.07 will be as set forth in Section 9.02.
Appears in 2 contracts
Samples: Agreement of Sale (Nevada Gold & Casinos Inc), Agreement of Sale (Columbia Properties Vicksburg LLC)
Guests’ Baggage. Prior to the Closing, Seller the applicable Seller, on the one hand, and Buyer Buyer, on the other hand, shall take inventory of: (a) all baggage, suitcases, luggage, valises and trunks of hotel guests checked or left in the care of Sellersuch Seller at its Property; (b) all luggage or other property of guests retained by such Seller as security for unpaid accounts receivable; and (c) the contents of the baggage storage room, ; provided, however, that no such baggage, suitcases, luggage, valises or trunks shall be opened. Except for the property referred to in (b) above, which shall be removed from the Hotel/Casino Properties by the applicable Seller or their Affiliates within ten (10) days after the Closing and for which Seller shall be liableClosing, all such baggage and other items shall be sealed in a manner to be agreed upon by the parties and listed in an inventory prepared and signed jointly by said representatives of the applicable Seller and Buyer as of the Closing. Said baggage and other items shall be stored as Buyer shall choose, and Buyer shall be solely responsible for claims with respect thereto, unless the seal is broken, in which event the party having stored said baggage shall be responsible. Indemnity of Buyer under this Section 5.07 will be as set forth in Section 9.02.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Harrahs Entertainment Inc), Asset Purchase Agreement (Caesars Entertainment Inc)