35 Mercer Limited (“Owner”) represents to prospective purchasers that: (i) the Residential Units are being sold by Owner and not by Nobu Hospitality LLC (“Nobu Hospitality”); and (ii) Nobu Hospitality is not part of or an agent for Owner and has not acted as broker, finder or agent in connection with the sale of the Residential Units. A prospective purchaser, by executing a Purchase Agreement for a Residential Unit, shall agree that such prospective purchaser shall have no right to use or interest in the names “Nobu Residences” or “Nobu” or any of Nobu Hospitality’s other symbols, logos, service marks or trade names (the “Nobu Marks”) and shall waive and release Nobu Hospitality from and against any liability with respect to any representations or defects or any other claim whatsoever relating to the marketing to the prospective purchaser.
Purchasers of units are advised that full details of the terms and provisions governing the purchase of units are contained solely within the agreement of purchase and sale entered into between buyers of units and 35 Mercer Limited. Such agreements of purchase and sale provide the sole and exclusive remedies to purchasers of units arising from any cause or claim whatsoever, including any claim arising from any misrepresentation. Without limiting the generality of the foregoing, 35 Mercer Limited shall not be bound by any representation or warranty whatsoever that is made or provided by any broker, agent or other party marketing this condominium project made orally, in writing and/or contained within any marketing material and/or website.