(k) For purposes of subparagraph (a), Purchaser shall be deemed to have
been given a fully executed copy of this contract on the third business day following the
date of ordinary or regular mailing, postage prepaid.
9. Permitted Exceptions. The Premises are sold and shall be conveyed subject
to:
(a) Zoning and subdivision laws and regulations, and landmark, historic or
wetlands designation, provided that they are not violated by the existing buildings and
improvements erected on the property or their use;
(b) Consents for the erection of any structures on, under or above any
streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and cornices, if any,
upon any street or highway;
(d) Real estate taxes that are a lien, but are not yet due and payable; and
(e) The other matters, if any, including a survey exception, set forth in a
Rider attached.
10. Governmental Violations and Orders. (a) Seller shall comply with all notes
or notices of violations of law or municipal ordinances, orders or requirements noted or
issued as of the date hereof by any governmental department having authority as to lands,
housing, buildings, fire, health, environmental and labor conditions affecting the
Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish
Purchaser with any authorizations necessary to make the searches that could disclose
these matters.
(b) (Delete if inapplicable) All obligations affecting the Premises pursuant
to the Administrative Code of the City of New York incurred prior to Closing and
payable in money shall be discharged by Seller at or prior to Closing.
11. Seller’s Representations. (a) Seller represents and warrants to Purchaser that:
(i)
The Premises abut or have a right of access to a public road;
(ii) Seller is the sole owner of the Premises and has the full right,
power and authority to sell, convey and transfer the same in accordance with the terms of
this contract;
(iii) Seller is not a “foreign person”, as that term is defined for
purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code
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