Common use of Securities Laws and Regulations Clause in Contracts

Securities Laws and Regulations. Xxxxxxxxx understands and agrees that: a. Seller, its officers, employees, agents, and/or any other real estate brokers or real estate salespersons representing Seller, if any, and any of their respective affiliated, agents, employees or representatives (collectively for purposes of this Section E.24, "Seller and/or its Agents") have made no representations: (i) regarding the possibility or probability of economic benefit from the purchase and ownership of the Unit; (ii) to the effect that Seller or the Managing Agent of the Project will provide services relating to the rental or sale of the Unit; or (iii) as to the possible advantages of the ownership or the rental of the Unit under federal and state tax laws. Seller and/or its Agents have not made any representations regarding any economic benefit to be derived from the ownership, rental or tax treatment of the Unit. The tax treatment may vary with individual circumstances, and Seller and/or its Agents recommend that Purchaser consult Purchaser’s own attorney, accountant or other tax counsel for advice regarding tax treatment. Purchaser further agrees and acknowledges that Purchaser has not been induced or solicited by Seller and/or its Agents to purchase the Unit in the Project as a "security" as defined under federal or state securities laws and regulations. b. Purchaser agrees that Seller may, as a condition to Closing, require Purchaser and any licensed real estate salesperson participating in the sale to sign additional documents to satisfy Seller that no representations contrary to the provisions of this Section E.24 have been made up to and including the Closing Date. c. This agreement of Purchaser under this Section E.24 shall survive Closing, and shall bind Purchaser and Xxxxxxxxx's heirs, personal representatives, successors and assigns. In the event of Purchaser's breach of the agreement contained in this Section E.24, the parties understand and agree that the injury to Seller will be uncertain as to nature and amount and difficult and expensive to ascertain. Therefore, in the event of a breach of said agreement by Xxxxxxxxx, the parties agree that Seller may obtain an injunction from any court of competent jurisdiction enjoining Purchaser from breaching said agreement. Seller may, in addition to obtaining injunctive relief, pursue any other remedies, including seeking damages caused by such breach, as are permitted in law or equity. All costs and expenses, including reasonable attorneys' fees, incurred by Seller in connection with a breach of said agreement by Xxxxxxxxx, shall be borne by Purchaser.

Securities Laws and Regulations. Xxxxxxxxx understands and agrees that: a. Seller, its officers, employees, agents, and/or any other real estate brokers or real estate salespersons representing Seller, if any, and any of their respective affiliated, agents, employees employees, or representatives (collectively for purposes of this Section E.24E.23, "Seller and/or its Agents") have made no representations: (i) regarding the possibility or probability of economic benefit from the purchase and ownership of the Unit; (ii) to the effect that Seller or the Managing Agent of the Project will provide services relating to the rental or sale of the Unit; or (iii) as to the possible advantages of the ownership or the rental of the Unit under federal and state tax laws. Seller and/or its Agents have not made any representations regarding any economic benefit to be derived from the ownership, rental rental, or tax treatment of the Unit. The tax treatment may vary with individual circumstances, and Seller and/or its Agents recommend that Purchaser consult Purchaser’s 's own attorney, accountant accountant, or other tax counsel for advice regarding tax treatment. Purchaser further agrees and acknowledges that Purchaser has not been induced or solicited by Seller and/or its Agents to purchase the Unit in the Project as a "security" as defined under federal or state securities laws and regulations. b. Purchaser agrees that Seller may, as a condition to Closing, require Purchaser and any licensed real estate salesperson participating in the sale to sign additional documents to satisfy Seller that no representations contrary to the provisions of this Section E.24 E.23 have been made up to and including the Closing Date. c. This agreement of Purchaser under this Section E.24 E.23 shall survive the Closing, and shall bind Purchaser and Xxxxxxxxx's heirs, personal representatives, successors and assigns. In the event of Purchaser's breach of the agreement contained in this Section E.24E.23, the parties understand and agree that the injury to Seller will be uncertain as to nature and amount and difficult and expensive to ascertain. Therefore, in the event of a breach of said agreement by Xxxxxxxxx, the parties agree that Seller may obtain an injunction from any court of competent jurisdiction enjoining Purchaser from breaching said agreement. Seller may, in addition to obtaining injunctive relief, pursue any other remedies, including seeking damages caused by such breach, as are permitted in law or equity. All costs and expenses, including reasonable attorneys' fees, incurred by Seller in connection with a breach of said agreement by Xxxxxxxxx, shall be borne by Purchaser.. 24. Ongoing Sales Activities after Purchaser has Occupied Purchaser's Unit; Model Units. Purchaser specifically acknowledges and agrees that: (a) Seller's sales activities, which may include the use of model unit(s), signs, extensive sales displays, and activities, and hosting functions at and utilizing the Recreational Amenities, may continue in the Project until the sale of the last Residential Unit in the Project; (b) Seller reserves the right to utilize unassigned or guest parking spaces described in the Declaration for parking for prospective purchasers until the sale of the last Residential Unit; (c) 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 model unit(s) in order to show the Common Elements to prospective purchasers; and

Securities Laws and Regulations. Xxxxxxxxx understands and agrees that: a. Seller, its officers, employees, agents, and/or any other real estate brokers or real estate salespersons representing Seller, if any, and any of their respective affiliated, agents, employees or representatives (collectively for purposes of this Section E.24, "Seller and/or its Agents") have made no representations: : (i) regarding the possibility or probability of economic benefit from the purchase and ownership of the Unit; (ii) to the effect that Seller or the Managing Agent of the Project will provide services relating to the rental or sale of the Unit; or (iii) as to the possible advantages of the ownership or the rental of the Unit under federal and state tax laws. Seller and/or its Agents have not made any representations regarding any economic benefit to be derived from the ownership, rental or tax treatment of the Unit. The tax treatment may vary with individual circumstances, and Seller and/or its Agents recommend that Purchaser consult Purchaser’s own attorney, accountant or other tax counsel for advice regarding tax treatment. Purchaser further agrees and acknowledges that Purchaser has not been induced or solicited by Seller and/or its Agents to purchase the Unit in the Project as a "security" as defined under federal or state securities laws and regulations. b. Purchaser agrees that Seller may, as a condition to Closing, require Purchaser and any licensed real estate salesperson participating in the sale to sign additional documents to satisfy Seller that no representations contrary to the provisions of this Section E.24 have been made up to and including the Closing Date. c. This agreement of Purchaser under this Section E.24 shall survive Closing, and shall bind Purchaser and Xxxxxxxxx's heirs, personal representatives, successors and assigns. In the event of Purchaser's breach of the agreement contained in this Section E.24, the parties understand and agree that the injury to Seller will be uncertain as to nature and amount and difficult and expensive to ascertain. Therefore, in the event of a breach of said agreement by Xxxxxxxxx, the parties agree that Seller may obtain an injunction from any court of competent jurisdiction enjoining Purchaser from breaching said agreement. Seller may, in addition to obtaining injunctive relief, pursue any other remedies, including seeking damages caused by such breach, as are permitted in law or equity. All costs and expenses, including reasonable attorneys' fees, incurred by Seller in connection with a breach of said agreement by Xxxxxxxxx, shall be borne by Purchaser.

Securities Laws and Regulations. Xxxxxxxxx understands and agrees that: a. (i) Seller, its officers, employees, agents, and/or any other agents or real estate brokers or real estate salespersons representing Seller, if any, and any of their respective affiliated, agents, employees or representatives (collectively for purposes of this Section E.24, "Seller and/or its Agents") sales persons have made no representations: (i) regarding the possibility or probability of economic benefit from the purchase and ownership of the Unita Apartment; (ii) to the effect that Seller or the Managing Agent managing agent of the Project will provide services relating to the rental or sale of the UnitApartment; or (iii) as to the possible advantages of the ownership or the rental of the Unit Apartment under federal law and state tax laws. Neither Seller and/or nor its Agents have not made agents or employees make any representations representation regarding any either economic benefit benefits to be derived from the ownership, rental or tax treatment of the Unitany purchaser of an Apartment. The tax treatment and economic benefits may vary with individual circumstances, and Seller and/or and its Agents agents recommend that Purchaser consult Purchaser’s 's own attorney, accountant or other tax counsel for advice regarding tax treatment. Purchaser further agrees and acknowledges that Purchaser has not been induced or nor solicited by Seller and/or or its Agents agents to purchase the Unit Apartment in the Project as a "security" as defined under federal or state securities laws and regulations. b. (ii) Purchaser agrees that Seller may, as a condition to Closingclosing, require Purchaser and any licensed real estate salesperson participating in the sale to sign additional documents to satisfy Seller that no representations contrary to the provisions of this Section E.24 paragraph have been made up to and including the Closing Datedate of Closing. c. This agreement of Purchaser under this Section E.24 shall survive Closing, and shall bind Purchaser and Xxxxxxxxx's heirs, personal representatives, successors and assigns. (iii) In the event that Purchaser establishes, after Closing, that there has been any violation of Purchaser's federal or state securities laws or disclosure laws or other breach of the agreement contained in obligations of Seller under the terms of this Sales Contract, Purchaser agrees that Purchaser's sole remedy shall be rescission of this Sales Contract pursuant to Hawaii Revised Statutes Section E.24514A-69, pursuant to which Purchaser shall be entitled upon reconveyance of the parties understand Apartment to recover the Purchase Price actually paid by Purchaser, together with interest thereon at the rate of six percent (6%) per annum, and agree that the injury to Seller will be uncertain as to nature and amount and difficult and expensive to ascertain. Therefore, in the event of a breach of said agreement by Xxxxxxxxx, the parties agree that Seller may obtain an injunction from any court of competent jurisdiction enjoining Purchaser from breaching said agreement. Seller may, in addition to obtaining injunctive relief, pursue any other remedies, including seeking damages caused by such breach, as are permitted in law or equity. All costs and expenses, including reasonable attorneys' fees (based upon reasonable hourly rates) and costs that Purchaser actually paid, less the amount of any income that Purchaser received. Xxxxxxxxx agrees that any other expenses that Purchaser incurs including, but not limited to, real property taxes, Association assessments, interest payments on mortgages and mortgage loan fees, incurred by Seller in connection with a breach shall constitute the reasonable use value of said agreement by Xxxxxxxxx, the Apartment from Closing until the date of repayment and shall not be borne by Purchaserrecoverable from Seller.