Common use of Changing Critical Dates Clause in Contracts

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical dates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing compensation payable; and (iv) if the change involves extending either the Firm Closing Date or the Delayed Closing Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing compensation payable by the Vendor for the period up to the new Firm Closing Date or Delayed Closing Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Date or the Delayed Closing Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Date or Delayed Closing Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Date or Delayed Closing Date, as the case may be. Delayed closing compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 6 contracts

Samples: Agreement of Purchase and Sale, Purchase Agreement, Purchase and Sale Agreement

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Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical datesDates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. For greater certainty, this Addendum does not restrict any extensions of the Closing date (i.e., title transfer date) where Occupancy of the home has already been given to the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing occupancy compensation payable; and (iv) if the change involves extending either the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing occupancy compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing occupancy compensation payable by the Vendor for the period up to the new Firm Closing Occupancy Date or Delayed Closing Occupancy Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be. Delayed closing occupancy compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Condominium Agreement of Purchase and Sale, Agreement of Purchase and Sale

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical datesDates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. For greater certainty, this Addendum does not restrict any extensions of the Closing date (i.e., title transfer date) where Occupancy of the home has already been given to the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing occupancy compensation payable; and (iv) if the change involves extending either the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing occupancy compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing occupancy compensation payable by the Vendor for the period up to the new Firm Closing Occupancy Date or Delayed Closing Occupancy Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be. Delayed closing occupancy compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension.. WEB COPY (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or and/ or accelerating Critical dates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree ag ree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing compensation payable; and (iv) if the change involves extending either the Firm Closing Date or the Delayed Closing Date, then the amending theamending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing compensation payable by the Vendor for the period up to the new Firm Closing Date or Delayed Closing Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Date or the Delayed Closing Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Date or Delayed Closing Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Date or Delayed Closing Date, as the case may be. Delayed closing compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical datesDates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. For greater certainty, this Addendum does not restrict any extensions of the Closing date (i.e., title transfer date) where Occupancy of the home has already been given to the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of POTL TENTATIVE – October 7, 2020 Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing occupancy compensation payable; and (iv) if the change involves extending either the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing occupancy compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing occupancy compensation payable by the Vendor for the period up to the new Firm Closing Occupancy Date or Delayed Closing Occupancy Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be. Delayed closing occupancy compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical dates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree ag ree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates CriticalDates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing compensation payable; and (iv) if the change involves extending either the Firm Closing Date or the Delayed Closing Date, then the amending theamending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing compensation closingcompensation payable by the Vendor for the period up to the new Firm Closing Date or Delayed Closing Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Date or the Delayed Closing Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Date or Delayed Closing Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Date or Delayed Closing Date, as the case may be. Delayed closing compensation will not be payable for payablefor such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical datesDates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. For greater certainty, this Addendum does not restrict any extensions of the Closing date (i.e., title transfer date) where Occupancy of the home has already been given to the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing occupancy compensation payable; and (iv) if the change involves extending either the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing occupancy compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing occupancy compensation payable by the Vendor for the period up to the new Firm Closing Occupancy Date or Delayed Closing Occupancy Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Occupancy Date or the Delayed Closing Occupancy Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be, for one one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Occupancy Date or Delayed Closing Occupancy Date, as the case may be. Delayed closing occupancy compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 1 contract

Samples: Purchase Agreement

Changing Critical Dates. By Mutual Agreement (a) This Addendum sets out a framework for setting, extending and/or accelerating Critical dates, which cannot be altered contractually except as set out in this section 4. Any amendment not in accordance with this section is voidable at the option of the Purchaser. (b) The Vendor and Purchaser may at any time, after signing the Purchase Agreement, mutually agree ag ree in writing to accelerate or extend any of the Critical Dates. Any amendment which accelerates or extends any of the Critical Dates must include the following provisions: (i) the Purchaser and Vendor agree that the amendment is entirely voluntary – the Purchaser has no obligation to sign the amendment and each understands that this purchase transaction will still be valid if the Purchaser does not sign this amendment; (ii) the amendment includes a revised Statement of Critical Dates which replaces the previous Statement of Critical Dates; (iii) the Purchaser acknowledges that the amendment may affect delayed closing compensation payable; and (iv) if the change involves extending either the Firm Closing Date or the Delayed Closing Date, then the amending agreement shall: i. disclose to the Purchaser that the signing of the amendment may result in the loss of delayed closing compensation as described in section 7; ii. unless there is an express waiver of compensation, describe in reasonable detail the cash amount, goods, services, or other consideration which the Purchaser accepts as compensation; and iii. contain a statement by the Purchaser that the Purchaser waives compensation or accepts the compensation referred to in clause ii above, in either case, in full satisfaction of any delayed closing compensation payable by the Vendor for the period up to the new Firm Closing Date or Delayed Closing Date. If the Purchaser for his or her own purposes requests a change of the Firm Closing Date or the Delayed Closing Date, then subparagraphs (b)(i), (iii) and (iv) above shall not apply. (c) A Vendor is permitted to include a provision in the Purchase Agreement allowing the Vendor a one-time unilateral right to extend a Firm Closing Date or Delayed Closing Date, as the case may be, for one (1) Business Day to avoid the necessity of tender where a Purchaser is not ready to complete the transaction on the Firm Closing Date or Delayed Closing Date, as the case may be. Delayed closing compensation will not be payable for such period and the Vendor may not impose any penalty or interest charge upon the Purchaser with respect to such extension. (d) The Vendor and Purchaser may agree in the Purchase Agreement to any unilateral extension or acceleration rights that are for the benefit of the Purchaser.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

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