Noise; Traffic. Noise, dust, vibrations, and/or traffic in the vicinity of the Project may increase if and when any structures are constructed on lands adjacent to or in the vicinity of the Project. Buyer and every other person who has any interest in the Project or who has the right to use the Project or any part of it gives up (in legal terms, “waives, releases and discharges”) any rights, claims or actions that such person may have, now or in the future, against Seller and its representatives, licensees, successors and assigns, and arising directly or indirectly out of or from such obstruction of views, additional noise, dust, vibrations, and/or additional traffic by reason of such further development.
Noise; Traffic. Being located in a central shopping, entertainment and commuter district, noise, dust, vibration, and/or pedestrian and vehicular traffic are higher than average in the vicinity of the Project. By signing and accepting a Unit Deed, each Owner and every other Person who has any interest in the Project or who has the right to use the Project or any part of it waives, releases and discharges any rights, claims or actions that such Person may have, now or in the future, against Seller, and its representatives, licensees, successors and assigns, and arising directly or indirectly out of or from such noise, dust, vibrations, and/or additional traffic. Traffic, noises and uses that are typically encountered in a high‐rise condominium commercial‐residential mixed‐use setting, include, but are not limited to (1) transient noise and guest or pedestrian traffic from the street or the Commercial Unit and their Limited Common Elements or neighboring properties; (2) opening and closing of doors; (3) loud music from restaurants or other outlets; (4) vehicular traffic from the street or parking garage; (5) voices of people talking outside retail and/or food and beverage establishments; and (6) noises from special events taking place near the Project. Such noise shall not be deemed a nuisance, as such noises and/or uses are deemed to be common and accepted occurrences in a centrally‐located high‐rise condominium in a mixed‐use setting. Furthermore, normal construction activities shall not be considered to violate the terms of this Section. The Commercial Unit located on the ground floor of the Project may be used for retail, restaurant or other commercial business purposes, which may cause noise typically associated with the operation and management of the types of establishments (i.e., high car and pedestrian traffic caused by patrons, delivery trucks and unloading and loading activities, heavy noise and traffic caused by heavy machinery for stocking and operating utilities in the Commercial Unit and its surrounding areas). By signing and accepting a Unit Deed, Purchaser acknowledges that the Project is adjacent to high traffic roads, businesses, and retail/entertainment facilities, and that noise, lights and odors common to such activities and related commercial activities as well as construction activities, may exist on or near the Project, at any time and from time to time. Purchaser acknowledges and agrees that sound transmission in a high‐rise building such as the To...
Noise; Traffic. Noise, dust, vibrations, and/or traffic in the vicinity of the Project may increase if and when any structures are constructed on lands adjacent to or in the vicinity of the Project, including, without limitation, noise and vibration caused from the proposed rail project. Buyer and every other person who has any interest in the Project or who has the right to use the Project or any part of it gives up (in legal terms, “waives, releases and discharges”) any rights, claims or actions that such person may have, now or in the future, against Seller and the Initial Commercial Owner, and their representatives, licensees, successors and assigns, and arising directly or indirectly out of or from such obstruction of views, additional noise, dust, vibrations, and/or additional traffic by reason of such further development.
