Ongoing Construction and Sales Activities. (i) Construction activity by the Grantor and others may continue at and around Ka‘ulu after the Grantee has occupied the Unit and that this activity may result in noise, dust, traffic congestion, vibration and other nuisances, hazards or annoyances to the Grantee for an extended period, and may temporarily limit the Grantee's access to portions of the Project; (ii) The roadways in and around the Project will be used by construction and heavy vehicles for ingress and egress to and from the construction sites; (iii) Care must be taken around construction sites, as certain hazardous conditions relating to the construction may exist for a period of time; (iv) Dirt movement is an expected part of construction; (v) The Grantee should expect to have dust in and around the Property until construction in the area is complete; (vi) The Grantor will not be responsible for dust in or on the outside of the Property; and (vii) The Grantor's sales activities, including the use of model units, signs and extensive sales displays and activities, may continue at and around Ka‘ulu for an extended period of time. The Grantee hereby accepts the foregoing conditions set forth in this Section as well as any inconvenience or annoyance that the Grantee may experience as a result of such conditions and hereby waives any and all rights, claims or actions that the Grantee might otherwise have or acquire against the Grantor, its agents, employees, contractors, subcontractors, licensees, successors, mortgagees, and assigns based on or as a result of such nuisances, annoyances and circumstances.
Ongoing Construction and Sales Activities. The Buyer specifically acknowledges that: (i) construction activity by the Seller or other apartment owners may continue at the Project and on adjacent property after the Buyer has occupied the Apartment and that this activity may result in noise, dust and other nuisances or annoyances to the Buyer, and may limit the Buyer's access to portions of the Project; (ii) until the Project is completed, the Buyer shall pay a share of the common expenses for all apartments as to which a temporary or permanent certificate of occupancy has been issued proportionate to the common interests appurtenant to such apartments; (iii) the Seller's sales activities, including the use of model apartment units, signs and extensive sales displays and activities, may continue at the Project until 90 days after the closing of the sale of the last unsold apartment in the Project; (iv) the Seller reserves the right, for itself, its sales representative and prospective purchasers, to utilize parking spaces for parking for prospective purchasers until 90 days after the closing of the sale of the last unsold apartment in the Project; and (v) the Seller also reserves the right, for itself, its sales representatives and prospective purchasers, to utilize the common elements for ingress and egress to such parking spaces and to model apartments, and also in order to show the common elements to prospective purchasers of apartments in the Project. The Buyer hereby accepts the foregoing conditions set forth in this Section F.4 as well as any inconvenience or annoyance which the Buyer may experience as a result of such conditions and hereby expressly waives any rights, claims or actions which he might otherwise have against the Seller, its agents, employees, contractors or subcontractors as a result of such circumstances. The Buyer agrees to execute any further documentation required by the Seller to evidence the Buyer's covenants in this Section F.4. The terms of this Section F.4 shall survive recordation of the Apartment Deed and occupancy of the Apartment by the Buyer.
Ongoing Construction and Sales Activities. Purchaser specifically acknowledges that: (a) construction activity by Seller or other lot owners may continue within the Subdivision (including, without limitation, the installation of an entry feature or monument, a security gate and security guard facility and a central mailbox at the Subdivision entrance), as well as the Lot, such as the driveway, Building Pad and grading, after closing has occurred and/or after Purchaser has taken possession of the Lot, and that this activity may result in noise, dust and other annoyances to Purchaser, may pose certain risks of injury to Purchaser and Purchaser's guests and visitors, and may limit Purchaser's access to all or portions of the Lot and/or the Subdivision; and (b) Seller's sales activities, including the use of signs and extensive sales displays and activities, may continue in the Subdivision until the sale of the last unsold lot in the Subdivision. Seller shall have an easement over and upon Purchaser's Lot and over the Subdivision to construct improvements to complete the Lot and the Subdivision, and Seller may do such things as may be reasonably required in connection with the construction of such improvements, including, but not limited to grading, excavation, depositing fill material, installing drainage systems, landscaping, water, electrical, gas, telephone, communications and/or television cable lines. Upon request by Seller, Purchaser shall execute and deliver to Seller, or to any third party designated by Seller, such instruments as Seller may reasonably require to confirm this easement and right. Purchaser hereby accepts the foregoing conditions set forth in this paragraph as well as any inconvenience, annoyance or risk of injury which Purchaser may experience as a result of such conditions and hereby expressly waives any rights, claims or actions which he might otherwise have against Seller, Seller's agents, employees, contractors or subcontractors as a result of such circumstances. Xxxxxxxxx agrees to release, defend, indemnify and hold Seller harmless from and against any loss or claim made against said parties as a result of such circumstances existing on the Subdivision. Xxxxxxxxx agrees to execute any further documentation required or requested by Seller to evidence Purchaser's covenants in this paragraph. The terms of this paragraph shall survive the filing and/or recordation of the deed and the possession of the Lot by Xxxxxxxxx.
Ongoing Construction and Sales Activities
