Common use of Traffic Signal Clause in Contracts

Traffic Signal. The City of Burbank has not made a written request that Seller make any payment of fees for the installation of a traffic signal at the entrance of the Project on ▇▇▇▇▇▇▇▇ Avenue, pursuant to the First Amendment to Development Agreement recorded as Instrument No. ▇▇-▇▇▇▇▇▇▇. For the purposes of this Agreement, whenever a representation or warranty or other reference is made in this Agreement on the basis of the knowledge of Seller or words of similar import, such representation, warranty or reference is made solely on the basis of the actual, as distinguished from implied, imputed and constructive, knowledge on the date that such representation or warranty is made, without inquiry or investigation of (i) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇▇, but excluding any such knowledge that is based on facts disclosed in writing to or otherwise actually known by ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, the individual within the employ of Purchaser responsible for overseeing the purchase of the Property from Seller, prior to the Closing Date. Subject to the foregoing limitations, the knowledge of Seller shall be deemed to include the knowledge of Operating Lessee. Purchaser shall be entitled to interview the current general manager of the Hotel with regard to the matters set forth in this Section 5.01, but the knowledge of the general manager or any other Employee which is not known to Seller or Operating Lessee shall not be imputed to Manager, Seller or Operating Lessee and the comments of the general manager or any other Employee shall not constitute a representation of the Manager or Seller. The representations and warranties of Seller as set forth in or made pursuant to this Section 5.01 shall survive the Closing Date for the Survival Period (as hereinafter defined) and shall not be deemed merged into any instrument of conveyance delivered at the Closing.