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2008-036
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2008-036
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Last modified
3/22/2016 2:24:30 PM
Creation date
9/30/2015 11:57:30 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2008
Control Number
2008-036
Agenda Item Number
7.CC
Entity Name
Walt Disney World Hospitality & Recreation Corporation
Subject
Land Purchase Agreement
Area
9255 93rd. St.
Supplemental fields
SmeadsoftID
6857
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11 . 16 . Construction . <br /> This Agreement has been fully reviewed and negotiated at arm's length by the parties hereto and <br /> their respective counsel . Accordingly, in interpreting this Agreement, no weight shall be placed upon <br /> which party hereto or its counsel drafted the provision being interpreted . <br /> 11 . 17. No Third Party Beneficiaries. <br /> Nothing in this Agreement is intended or shall be deemed to confer any rights or benefits upon <br /> any entity or person other than the parties hereto or to make or render any such other entity or person a <br /> third-party beneficiary of this Agreement. <br /> 11 . 18 . Assi ng mens. <br /> This Agreement may not be assigned or transferred by either party in any manner, whether by <br /> merger, consolidation or by operation of law or otherwise; provided, however, that (i) Seller may assign <br /> or transfer this Agreement to any affiliated or related company of The Walt Disney Company, and (ii) <br /> Purchaser may assign this Agreement to a wholly-owned and controlled subsidiary provided Purchaser <br /> provides a copy (certified by Seller as being true and correct) of such assignment to Seller prior to <br /> Closing. <br /> 11 . 19. Broker and Commission . <br /> All negotiations relative to this Agreement as contemplated by and provided for in this <br /> Agreement have been conducted by and between Seller and Purchaser without the intervention of any <br /> person or other party as agent or broker. Seller and Purchaser represent and warrant to each other that <br /> there are and will be no broker's commissions or fees payable in connection with this Agreement by <br /> reason of their respective dealings, negotiations or communications . Seller and Purchaser shall, and do <br /> each hereby, indemnify, defend and hold harmless the other from and against the claims , demands, <br /> actions and judgments of any and all brokers , agents and other intermediaries alleging a commission , fee <br /> or other payment to be owing by reason of their respective dealings, negotiations or communications in <br /> connection with this Agreement. The provisions of this Section 11 . 19 shall survive the Closing. <br /> 11 . 20. Exhibits. <br /> The Exhibits to this Agreement, as designated herein and annexed hereto, shall each be deemed to <br /> form an integral part of this Agreement and to be incorporated herein as if herein set out in full . <br /> 11 .21 . Radon Gas . <br /> Pursuant to Florida law, Seller hereby provides Purchaser with the following notice : <br /> "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in <br /> sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of <br /> radon that exceed federal and state guidelines have been found in buildings in Florida. Additional <br /> information regarding radon and radon testing may be obtained from the local county public <br /> health unit." By execution of this Agreement, Purchaser hereby acknowledges receipt of the <br /> foregoing notification. <br /> 11 .22. Proposed Curb Cut. <br /> Purchaser acknowledges that Ginsburg Development Companies, LLC, a contract vendee of <br /> Seller' s affiliate, has applied for or will apply for with Purchaser a permit for vehicular ingress and egress Q <br /> to and from County Road 510 (Wabasso Road) for the benefit of the property that such vendee intends to _/ b <br /> Jununry 8, '008 <br /> 18 <br />
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