Common use of Application and Registration Clause in Contracts

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentation 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) in connection with the registration (or continued registration) of the Registrant under the Act. 1.4 The Registrant shall, upon the request of Xxxxxx and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build homes and/or carry out any warranty work. Use of credit information 1.5 The Registrant hereby authorizes Xxxxxx to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx a duty of disclosure, and except as otherwise required by law.

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentation 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing selling homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) ), in connection with the registration (or continued registration) of the Registrant under the Act. 1.4 1.3 The Registrant shall, upon the request of Xxxxxx Tarion and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, instruments as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements statements, and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build sell homes and/or carry out any requisite after sales service and warranty work. Use of credit information 1.5 . 1.4 The Registrant hereby authorizes Xxxxxx to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx owes a duty of disclosure, and Vendor’s ongoing disclosure obligation except as otherwise required by law. 1.5 The Registrant shall be obliged to communicate to Tarion any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to sell homes and/or carry out any requisite after sales service and warranty work. Xxxxxx’s disclosure obligation 1.6 Xxxxxx agrees to advise the Registrant, in writing, of all notices of claims or potential claims that Xxxxxx receives from any purchaser(s) or homeowner(s) relating to any home(s) in respect of which the Registrant acted as Vendor (or that were enrolled by the Registrant). Xxxxxx also agrees to provide the Registrant with a reasonable opportunity (as may be specified by the Act, and/or the Regulations from time to time) to rectify or remedy any warrantable work or financial loss claim(s) prior to Tarion initiating any enforcement proceedings or remedial work. Termination of the Registrant’s obligations Consent to transfer or assign the registration No unauthorized use of the registration number Designation as “Registered Vendor”

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentationAgreement 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing selling homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). . Commitment to true and accurate disclosure 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) ), in connection with the registration (or continued registration) of the Registrant under the Act. 1.4 . Commitment to submission of security, financial information and other documentation 1.3 The Registrant shall, upon the request of Xxxxxx Tarion and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, instruments as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements statements, and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx Tarion reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build sell homes and/or carry out any requisite after sales service and warranty work. Use of credit information 1.5 The Registrant hereby authorizes Xxxxxx to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx a duty of disclosure, and except as otherwise required by law.

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentationAgreement 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). . Commitment to act as a Builder only 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. . Commitment to true and accurate disclosure 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) in connection with the registration (or continued registration) of the Registrant under the Act. . Commitment to submission of security, financial information and other documentation 1.4 The Registrant shall, upon the request of Xxxxxx Tarion and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx Tarion reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build homes and/or carry out any warranty work. Use of credit information 1.5 The Registrant hereby authorizes Xxxxxx Tarion to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx Tarion owes a duty of disclosure, and except as otherwise required by law. Builder’s ongoing disclosure obligation 1.6 The Registrant shall be obliged to communicate to Tarion any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to build homes and/or carry out any warranty work. Tarion’s disclosure obligation 1.7 Tarion agrees to advise the Registrant, in writing, of all notices of claims or potential claims that Tarion receives from any purchaser(s) or homeowner(s) in respect of any home(s) constructed by or on behalf of the Registrant, in those circumstances where the Vendor of such home(s) is unable or unwilling to satisfy its warranty obligations. Tarion also agrees to provide the Registrant with a reasonable opportunity (as may be specified by the Act and/or the Regulations from time to time) to rectify or remedy any warrantable work prior to Tarion initiating any enforcement proceedings or remedial work. Termination of the Registrant’s obligations 1.8 This Agreement and all obligations of the Registrant hereunder may not be unilaterally terminated by the Registrant, but rather, shall remain in full force and effect and continue to bind the Registrant, notwithstanding any expiry or revocation of the registration of the Registrant under the Act and notwithstanding any amendment, alteration or modification of the Act or the Regulations until the earlier of the date that: (i) all obligations and liabilities of the Registrant to Tarion have been fulfilled or complied with; or (ii) all applicable warranty or limitation periods have expired, with no claims having been filed with Tarion prior thereto; in respect of any homes enrolled (or that ought to have been enrolled) by the Registrant. Consent to transfer or assign the registration 1.9 The registration of the Registrant under the Act is not transferable or assignable by the Registrant, whether by way of power of attorney, sale, amalgamation or otherwise, without prior written consent of Tarion. No unauthorized use of the registration number 1.10 The Registrant shall not permit the use of the Registrant’s registration number by any other party save and except by a registered vendor who has entered into a Vendor Agreement with Tarion, and without limiting the generality of the foregoing, the Registrant shall immediately report the use of the Registrant’s registration number by any other party to Tarion upon becoming aware of same. Designation as “Registered Builder” 1.11 During the term of the registration of the Registrant under the Act, the Registrant shall be entitled to hold itself out as a “Registered Builder”.

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentation 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing selling homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) ), in connection with the registration (or continued registration) of the Registrant under the Act. 1.4 1.3 The Registrant shall, upon the request of Xxxxxx Tarion and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, instruments as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements statements, and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx Tarion reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build sell homes and/or carry out any requisite after sales service and warranty work. Use of credit information 1.5 . 1.4 The Registrant hereby authorizes Xxxxxx Tarion to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be Vendor’s ongoing disclosure obligation Tarion’s disclosure obligation Termination of the Registrant’s obligations Consent to transfer or assign the registration No unauthorized use of the registration number instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx Tarion owes a duty of disclosure, and except as otherwise required by law. 1.5 The Registrant shall be obliged to communicate to Tarion any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to sell homes and/or carry out any requisite after sales service and warranty work. 1.6 Tarion agrees to advise the Registrant, in writing, of all notices of claims or potential claims that Tarion receives from any purchaser(s) or homeowner(s) relating to any home(s) in respect of which the Registrant acted as Vendor (or that were enrolled by the Registrant). Tarion also agrees to provide the Registrant with a reasonable opportunity (as may be specified by the Act, and/or the Regulations from time to time) to rectify or remedy any warrantable work or financial loss claim(s) prior to Tarion initiating any enforcement proceedings or remedial work. 1.7 This Agreement, and all obligations of the Registrant hereunder may not be unilaterally terminated by the Registrant, but rather, shall remain in full force and effect and continue to bind the Registrant, notwithstanding any expiry or revocation of the registration of the Registrant under the Act and notwithstanding any amendment, alteration or modification of the Act or the Regulations, until the earlier of the date that: (i) all obligations and liabilities of the Registrant to Tarion have been fulfilled or complied with; or (ii) all applicable warranty or limitation periods have expired, with no claims having been filed with Tarion prior thereto; relating to any homes in respect of which the Registrant acted as Vendor (or that were enrolled by the Registrant). 1.8 The registration of the Registrant under the Act is not transferable or assignable by the Registrant, whether by way of power of attorney, sale, amalgamation or otherwise, without the prior written consent of Tarion. 1.9 The Registrant shall not permit the use of the Registrant’s registration number by any other party, and without limiting the generality of the foregoing, the Registrant shall immediately report the use of the Registrant’s registration number by any other party to Tarion upon becoming aware of same. Designation as “Registered Vendor” 1.10 During the term of the registration of the Registrant under the Act, the Registrant shall be entitled to hold itself out as a “Registered Vendor”.

Application and Registration. Authority of the Registrant to enter into the Agreement Commitment to act as a Builder only Commitment to true and accurate disclosure Commitment to submission of security, financial information and other documentation 1.1 The Registrant represents and warrants to Tarion that the Registrant has full capacity, power and authority to enter into this Agreement, holds all necessary licenses and permits required to carry on the business of constructing homes in the Province of Ontario and, if a corporation, is a duly organized and validly subsisting corporation under the laws of the Province of Ontario (or alternatively is a duly organized and validly subsisting extra- provincial corporation or federal corporation, and licensed to carry on business in the Province of Ontario). 1.2 The Registrant represents and warrants to Tarion that the Registrant will not act as a vendor unless the Registrant registers as a vendor and executes a Vendor Agreement with Tarion. 1.3 The Registrant further represents and warrants to Tarion that the information set forth in the application for registration of the Registrant under the Act, and in other documents furnished by the Registrant to Tarion in connection with such application, is true and correct in all material respects and does not omit to communicate any fact, circumstance or information that may have a material adverse impact on the Registrant’s ability to fulfill its obligations under this Agreement, or that may reasonably have a material affect on the risk assessment undertaken (or to be undertaken) in connection with the registration (or continued registration) of the Registrant under the Act. 1.4 The Registrant shall, upon the request of Xxxxxx Tarion and at the expense of the Registrant, furnish Tarion with such guarantees, indemnities, surety bonds, letters of credit, deposit trust agreements, undertakings, collateral charges and/or other security instruments, as Tarion may reasonably require in accordance with the Act and the Regulations, together with statements of personal net worth, bank statements, drivers’ licenses, birth certificates, articles of incorporation, sample signatures, corporate by-laws, financial statements and/or such other documentation, records and security as Tarion may reasonably require for the purpose of initial registration, renewal of registration and/or securing the obligations imposed upon the Registrant by the Act, the Regulations, this Agreement and/or the Bulletins. Between renewal dates, Tarion shall not require additional documentation or security from or on behalf of the Registrant, unless Xxxxxx Tarion reasonably believes that intervening circumstances have arisen which may impair the Registrant’s ability to build homes and/or carry out any warranty work. Use of credit information 1.5 The Registrant hereby authorizes Xxxxxx Tarion to procure and utilize, from time to time, credit information in respect of the Registrant, and agrees that no action, claim or other proceeding shall be Builder’s ongoing disclosure obligation Tarion’s disclosure obligation Termination of the Registrant’s obligations Consent to transfer or assign the registration No unauthorized use of the registration number instituted or pursued against Tarion in respect of any damages Builder’s ongoing disclosure obligation incurred by the Registrant thereby, provided such credit information is not disclosed to any third party, except for credit reporting agencies to whom Xxxxxx xxxx Tarion owes a duty of disclosure, and except as otherwise required by law.