Polo Towers Clause Samples

Polo Towers. As a result of a recent investigation into a cluster of Legionnaire’s disease cases, the Southern Nevada Health District (“SNHD”) and the Centers for Disease Control and Prevention (“CDC”) collected various samples of water and surfaces at Polo Towers. Legionella was found in samples from 5 rooms. Upon receipt of this information, these rooms were closed until further notice. SNHD required that a third party engineering firm be retained to survey the Polo Towers water distribution facility, that an improved plan for control, monitoring and prevention of Legionella be developed, and that appropriate communication be made to Polo Towers staff, owners and guests. The 5 rooms have been put back into service. In a letter dated September 15, 2009 from the SNHD, the SNHD closed its investigation. The Company fully cooperated with SNHD in this matter. This TRANSFER OF TIMESHARE LOANS (this “Subsequent Transfer Certificate”), dated , 200 , is acknowledged by Diamond Resorts Depositor 2008 LLC, a Delaware limited liability company (the “Depositor”) and Diamond Resorts Issuer 2008 LLC, a Delaware limited liability company (the “Issuer”). Capitalized terms not defined herein shall have the meanings assigned to them in or incorporated by reference in that certain Second Amended and Restated Sale Agreement, dated as of August 31, 2010, by and between the Depositor, as seller and the Issuer, as purchaser (the “Sale Agreement”). The Depositor, concurrently with the execution and delivery hereof, does hereby sell, transfer, assign and grant to the Issuer, pursuant to Section 2(a) of the Sale Agreement, and the Issuer does hereby purchase and accept such transfer, assignment and grant, all right, title and interest of the Depositor in and to (i) the Timeshare Loans listed on the Schedule of Timeshare Loans attached as Exhibit A to the Sale Agreement and amended in regard to the Subsequent Timeshare Loans on the date hereof and (ii) the other Conveyed Timeshare Property related to such Timeshare Loans. This Transfer Certificate sets forth the following additional terms applicable to the Sale Agreement in connection with this transfer of the Timeshare Loans: