SELLER DISCLOSURE. Seller knows of no facts materially affecting the value of the Real Property which are 198 not readily observable and which have not been disclosed to Buyer. 199 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
SELLER DISCLOSURE. Seller knows of no facts materially affecting the value of the Real Property which are not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding sentence, Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation. PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
SELLER DISCLOSURE. Neither Purchaser nor Guarantor has received or relied upon any representation, warranty or guarantee, whether oral or written or express or implied, as to the potential value, volume, profits or success of the Business or any Restaurant. Purchaser and Guarantor have previously received from Seller a copy of the current Wendy’s International, Inc. Franchise Disclosure Document with a receipt attached thereto and Purchaser has signed, dated and delivered to WII such receipt.
SELLER DISCLOSURE. Seller knows of no facts materially affecting the value of the Real Property which are 285 not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding 286 sentence, Seller extends and intends no warranty and makes no representation of any type, either express or 287 implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller 288 has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected 289 building, environmental or safety code violation. 290 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
SELLER DISCLOSURE. Seller agrees to promptly notify Buyer in writing in the event that Seller ceases to carry any director and officer liability insurance.
SELLER DISCLOSURE. Seller knows of no facts materially affecting the value of the Real Property which are 185 not readily observable and which have not been disclosed to Buyer. Except as stated in the preceding sentence 186 or otherwise disclosed in writing: (1) Seller has received no written or verbal notice from any governmental 187 entity or agency as to a currently uncorrected building, environmental or safety code violation; and (2) Seller 188 extends and intends no warranty and makes no representation of any type, either express or implied, as to the 189 physical condition or history of the Property. 190 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS
SELLER DISCLOSURE. Seller is a licensed real estate agent in the State of 120 Missouri 121
SELLER DISCLOSURE. Seller knows of no facts materially affecting the value of the Real Property which are 280 not readily observable and which have not been disclosed to Buyer. Except as provided for in the preceding 281 sentence, Seller extends and intends no warranty and makes no representation of any type, either express or 282 implied, as to the physical condition or history of the Property. Except as otherwise disclosed in writing Seller 283 has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected 284 building, environmental or safety code violation. 285 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 286 11. 287 288 289 12. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date (“AS IS Maintenance Requirement”). See Paragraph 9(a) for escrow procedures, if applicable. 330 competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the 000 xxxxxxx xxxxx having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may 332 represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of 333 Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a 334 licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to 335 timely resolve escrow disputes through mediation, arbitration, interpleader or an escrow disbursement order. 336 In any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, 337 or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable 338 attorney’s fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent 339 shall not be liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to 340 Agent’s willful breach of this Contract or Agent’s gross negligence. This Paragraph 13 shall survive Closing or 341 termination of this Contract.
SELLER DISCLOSURE. Notwithstanding anything contained in Section 7.15 to the contrary, it is expressly understood and agreed that Seller, as an affiliate of a publically-traded company, shall have the right to make such public announcements of the transaction contemplated hereby (including therein, without limitation, reference to the Purchase Price, EBITDA, EBITDA multiple, net operating income and cap rate, as applicable), including in press releases and in filings with the Securities and Exchange Commission and other regulatory bodies (including filing a copy of the Agreement, schedules and exhibits), and in communications with its investors (including, but not limited to, such announcements to its investors subsequent to the Inspection Period indicating that the Purchaser under this Agreement has elected to close the transaction contemplated hereby, subject to the then remaining terms and conditions hereof), as Seller shall require.
SELLER DISCLOSURE. (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or
