Lanai Railings Sample Clauses

Lanai Railings. Xxxxxxxx also argues that the lanai railings are limited common elements. According to Sections A(1)(b)(1), (2), and (3) of the Casa Declaration quoted in Section IV(B)(2) above, “lanais” are deemed to be included within the apartments. According to Section A(1)(d) of the Declaration, apartments do not include “the undecorated or unfinished surfaces of the perimeter walls or interior load-bearing walls, [or] the floors and ceiling surrounding each apartment,” which are common elements. “Lanai railings” do not appear to constitute “perimeter walls” classified as common elements under this provision. The same provision provides that “[e]ach apartment shall be deemed to include all the walls and partitions which are not load bearing within its perimeter walls. . . .” “Lanai railings” also do not appear to fall within this provision. Therefore, although the Declaration defines “lanais” to be included within the apartments, the Declaration is unclear whether “lanai railings” are part of the apartments or are common elements. Casa argues that “lanai railings” are common elements under the Declaration because they are “supports” under Section A(2)(b). This provision includes “[a]ll foundations, floor slabs, columns, girders, beams, supports, unfinished perimeter and load-bearing walls, roofs, chases, entries, stairways and walkways of said buildings” within common elements. We need not address this argument, however, because Section A(2) controls. As noted earlier, Section A(2)of the Declaration begins with the pronouncement that “all of the remaining portions of the project” not specifically included within the apartments are “common elements.” As “lanai railings” are not otherwise included within the definition of apartments they are, by default, common elements under Section A(2) of the Declaration. We then turn to Section A(3), which defines limited common elements under the Declaration. This provision does not specifically classify lanai railings as limited common elements. However, as also previously noted, pursuant to HRS § 514A-3, common elements reserved for the use of certain apartments within the Project are limited common elements, whether or not they are so designated in a declaration. Therefore, we hold that the Project’s lanai railings are also limited common elements. Casa argues that the lanai railings are common elements based on HRS § 514A-3, which provides that “[a]ll other parts of the property necessary or convenient to its . . . safety” are...
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Related to Lanai Railings

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Definitions For purposes of this Agreement:

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • General All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

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