Common use of Repairs, Reserves, and Capital Expenditures Clause in Contracts

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges and agrees that except as provided in Section 5.3 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the Closing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Morgans Hotel Group Co.), Purchase and Sale Agreement (Pebblebrook Hotel Trust)

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Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges and agrees that except as provided in Section 5.3 5.4 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at 42 Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Pebblebrook Hotel Trust)

Repairs, Reserves, and Capital Expenditures. Purchaser Buyer acknowledges and agrees that (a) except as expressly provided in Section 5.3 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser Buyer shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the ClosingClosing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Behringer Harvard Opportunity REIT I, Inc.)

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges that and agrees that except as provided in Section 5.3 of this Agreement, (a) except as set forth Section 5.4(e) above, Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefortherefore, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Purchaser Price at Closing in the event capital expenditures actually made at the Hotel for any year 2004 are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Strategic Hotel Capital Inc)

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges that and agrees that except as provided in Section 5.3 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefortherefore, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Purchaser Price at Closing in the event capital expenditures actually made at the Hotel for any year 2004 are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Maui Land & Pineapple Co Inc)

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges that and agrees that except as provided in Section 5.3 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefortherefore, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year 2004 are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Behringer Harvard Short Term Opportunity Fund I Lp)

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Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges and agrees that except as provided in Section 5.3 5.4 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Ashford Hospitality Trust Inc)

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges and agrees that except as provided in Section 5.3 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Morgans Hotel Group Co.)

Repairs, Reserves, and Capital Expenditures. Purchaser acknowledges and agrees that except as provided in Section 5.3 5.6 of this Agreement, (a) Seller shall have no obligation to make any repairs, replacements, improvements or alterations to the Property or to expend any funds therefor, including, without limitation, any reserves that may be held for such purpose, and (b) Purchaser shall not be entitled to a credit to the Purchase Price at Closing in the event capital expenditures actually made at the Hotel for any year are less than the budgeted amount as of the date of the Closing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (LaSalle Hotel Properties)

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