Clubhouse Plans. At the time of the full execution of this Agreement, Hovnanian will unconditionally assign to Investor any and all of Hovnanian’s plats, plans, site plans, surveys, plans and specifications, storm water and storm sewer plans and specifications, engineering plans and topographical relief maps related to the Clubhouse and the Additional Land (collectively, the “Assigned Plans”), to the extent assignable. Hovnanian makes no representations and warranties with respect to the Assigned Plans, except that all costs and expenses of preparing the Assigned Plans incurred by Hovnanian up to the date of the assignment shall have been fully paid for by Hovnanian. To the extent that any of the Assigned Plans require the consent or approval of any third party, either in connection with the assignment thereof being effective, or to avoid the occurrence of a default thereunder, the assignment of such Assigned Plans shall not be effective until such consent or approval is obtained, but shall become immediately effective upon obtaining such consent or approval from such third party. Hovnanian agrees to fully, reasonably and in good faith cooperate with Investor, at no cost to Hovnanian other than Hovnanian’s attorney fees, in connection with obtaining any and all necessary third party consents with respect to the assignment of the Assigned Plans to Investor. In addition, Hovnanian will fully, reasonably and in good faith cooperate with Investor, at no cost to Hovnanian other than Hovnanian’s attorney fees, so that Investor will have the use of Hovnanian’s architectural plans for the Clubhouse (which have been paid for through the date of this Agreement). Investor agrees and acknowledges that Hovnanian is specifically not assigning, nor is Hovnanian granting Investor any rights to use, any architectural plans for the residences constructed by Hovnanian with respect to the Project.
