By accessing this platform, you, on behalf of yourself and your affiliates, principals, agents, members of household, successors and assigns (collectively or individually, as applicable, “Bidder”), hereby represent to PRUSA LLC d/b/a Paramount Realty USA (collectively, “PRUSA”) and agree that:
1. Bidder hereby acknowledges its interest in Property for purpose of potentially purchasing same and wishes to access certain information, including proprietary and confidential information, pertaining to the Property (the “Due Diligence Information”).
2. Bidder represents that Bidder is at least 18 (eighteen) years of age and, as of the date hereof, hereby recognizes receipt of the Offering Plan (Sponsor File No. CD17-0135) for the HOUSTON HOUSE condominium, located at 298 East 2nd Street, New York, New York (“Plan”).
3. Bidder agrees that the Due Diligence Information, as well as all other information provided in connection herewith, is provided for informational purposes only. Some information was furnished by outside sources and, except as provided in the Plan, PRUSA makes no representations or warranties of any kind about the completeness, accuracy, reliability, suitability, availability or of any other nature regarding any information, including, but not limited to, figures, facts, descriptions, measurements, data, products, services, related graphics, and any representations contained therein. PRUSA hereby expressly advises Bidder not to rely on such information, and to independently conduct any and all studies, investigations, reports, searches and other inquiries before proceeding with the purchase of Property. No warranty or representation, express or implied, is made by sponsor, its listing agent(s) or PRUSA, or their respective employees or agents (collectively, “Seller Group”), as to the accuracy or completeness of any information, except as provided in the Plan.
4. The listing broker for the property is Ryan Serhant (license number 10301209394) with NestSeekers International (license number 10391201239), 594 Broadway, 401, New York, NY, 10012 (“Listing Broker”). PRUSA is a co-exclusive marketing agent and marketing firm specializing in auctions. All references to square footage, dimensions and other numbers are approximate. This offering may be withdrawn, modified or canceled without notice at any time. All auctions with reserve unless explicitly stated as otherwise. Any Starting Bid or Minimum Bid reflected herein applies only to the day(s) and time(s) of auction, which shall conclude upon PRUSA’s declaration of same; Sponsor is not obligated to accept any bid before or after auction. The reserve price for unit 3 is $1,750,000, plus the 3% Buyer’s Premium. A Buyer’s Premium in the amount of three percent of the winning bidders’ bid price will be added to such price to establish the total sales price. Furniture and other personalty is excluded unless explicitly stated as otherwise herein. This is neither an offer to sell nor a solicitation to buy to residents in states where registration requirements have not been fulfilled. No verbal representation may be relied upon. Auction subject to any terms of sale or other information provided by Listing Broker or PRUSA. The complete offering terms are in an offering plan available from Sponsor File No. CD17-0135. Sponsor: 298 East Village Owner LLC, located at 334 East 9th Street, New York, NY 10003. Equal Housing Opportunity.
5. Bidder agrees to keep the Due Diligence Information and all other information provided by Seller Group confidential and agrees not to disseminate same to any third-parties (except to partners, lenders, advisors and others in connection with the purchase of the Property) without the prior written consent of PRUSA. In no event will PRUSA be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, for any matter in connection herewith or in connection with any information contained in, or accessible through, the Due Diligence Information, including the inaccessibility, malfunction, and/or disfunction of any virtual data room, online bidding platform or website that PRUSA or any other may make available, or otherwise. Notwithstanding anything to the contrary, by accessing this platform and/or any information contained in the Due Diligence Information, Bidder agrees to the terms hereof and to the terms of sale, as set forth in the Due Diligence Information or elsewhere by PRUSA, and to forever and unconditionally release PRUSA from any cause or claim, whether in connection herewith, the Property, or otherwise.
6. Bidder agrees not to circumvent, or seek to circumvent, PRUSA in any manner regarding any interest in Property or in any other property or opportunity presented by PRUSA for a period of one year from the date hereof.
7. This shall be governed by the laws of the State of New York. Any claim arising out of or related to this document or any property, auction or transaction(s) contemplated hereunder shall be submitted to binding arbitration conducted by the American Arbitration Association, New York County (or at such venue as may be prescribed by law), pursuant to their rules relating to real estate disputes. The parties agree to submit the dispute to 1 (one) arbitrator chosen pursuant to AAA Rules. This shall be the sole remedy for any resolution of a dispute and the parties hereby consent to the exclusive jurisdiction of the American Arbitration Association.
8. All auctions and sales shall be conducted without regard to age, race, creed, color, national origin, ancestry, sex, sexual orientation, disability, marital status, or any other ground proscribed by law. Equal Housing Opportunity.