Common use of COLOUR SELECTION Clause in Contracts

COLOUR SELECTION. The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.

COLOUR SELECTION. The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). 3.6.1 In the event any item on that the Interior Finishing Selection Sheet becomes unavailable, or, if Purchaser shall have made a choice of colours and/or materials from either the Vendor’s samples or otherwise as aforesaid and because of lack of supply the installation of such selections would colour choice and material cannot be available completed in a timely fashion, (such determination to be made by accordance with the Vendor at its sole discretion)Vendor’s construction schedule, the Purchaser shall immediately re-select an alternative from choose alternate colours and materials within three (3) days and in the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or event the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC andfails to make an alternate selection as aforesaid, the Vendor may at its sole optionshall have the option of choosing the colours and materials and the Purchaser shall be obligated to accept same. 3.6.2 In the event that the Purchaser shall not have made his selection within fourteen (14) days after the acceptance of this Agreement by the Vendor or an extended date acceptable to the Vendor, either make such selection then the Vendor shall have the option of choosing the colours and materials for and on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. accept same. 3.6.3 In the event of default by that the Purchaser has installed or has requested the Vendor to install, a different floor covering than that which the Vendor would normally install in rethe dwelling, then the Purchaser agrees that if any defects should come to light for which the Vendor is normally responsible and repairs to which require the removal of the said floor covering, the Vendor will not be responsible to effect such repairs. For purposes of this Agreement, “floor covering” shall mean any type of finished floor covering which is normally placed on the sub-selectionfloor and without limiting the generality of the foregoing, or failure to make payment in full for upgrades shall include tile, hardwood, marble, terrazzo and a re-carpet. 3.6.4 Where omissions occur on the original colour selection sheet, the Purchaser acknowledges that selection by the Vendor is will be final. 3.6.5 Upgrades listed on a standard colour chart will not be deemed to be part of this Agreement. 3.6.6 The Purchaser agrees that if after having made on behalf the original colour selections the Purchaser does make a change erroneously or otherwise, he will be deemed responsible for all errors resulting from any double selections. 3.6.7 The Purchaser further agrees that in the event that the Vendor has preselected colours prior to the purchase herein of the Property, the prescribed colours shall be final notwithstanding that the Purchaser may have completed a colour selection/chart. 3.6.8 In the event that any of the terms and conditions stated on the Customer Request for Optional Extras (“B” Sheet) form (the “Purchaser’s Extras Contract”) are in conflict or contradiction of any terms or conditions stated in this Agreement, it is hereby agreed that the terms and conditions stated on the Purchaser’s Extras Contract shall take precedence over the terms and conditions of this Agreement. 3.6.9 The Purchaser may not change its original selections (including, among other things, materials and colours) without the approval of the Vendor in its sole, subjective and absolute discretion, in which event the Vendor shall be entitled to charge an administration fee of $500.00 (plus HST) in addition to the price of the revised selections. 3.6.10 If there is more than one Purchaser, the re-selection each Purchaser appoints each other Purchaser as his or her representative and agent with full authority to make colour/material selections and to enter into additional agreements for optional extras. As a result any such selections or agreements for extras made by any one Purchaser shall be of equal binding on all other Purchasers as if they had made such selections or better quality than the original selectionentered into such agreements themselves.

COLOUR SELECTION. The Purchaser covenants and agrees that he will to attend within ten thirty (1030) days of notification any and all notifications from the Vendor attend (the “First Notice Period”) to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections to be noted on the Vendor's standard selection form which and when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event the Purchaser does not so select within the First Notice Period, then the Purchaser shall be given a second opportunity to attend within ten (10) days of notification from the Vendor (the “Second Notice Period”) and make the aforementioned colour and other selections. In the event that the Purchaser does not so select within the Second Notice Period, then the Purchaser shall be given a final opportunity to attend within five (5) days of notification from the Vendor (the “Final Notice Period”) and make the aforementioned colour and other selections. In the event the Purchaser does not so select within the Final Notice Period, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of Purchase Price and in full satisfaction of the Vendor's obligation herein, or the Vendor may terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections selection would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-attend and re-select an alternative from the Vendor's available samplessamples within seven (7) days of any and all notifications from the Vendor (the “Re-Selection Period”). The Purchaser’s failure to In the event the Purchaser does not so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC andRe-Selection Period, the Vendor may at its sole option, either make such re-selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's re-selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or the Vendor may terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-re- selection shall be of equal or better quality than the original selection. The Purchaser acknowledges that many finishing materials are subject to slight colour variations and also to availability. Therefore, from time to time certain finishes may not perfectly match colour samples displayed. Natural materials, such as marble, granite, hardwood and brick are particularly susceptible to such variations.

COLOUR SELECTION. The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-selected by the Purchaser. In the event of default by the Purchaser in re-re- selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.

COLOUR SELECTION. The Purchaser covenants and agrees that he will to attend within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections to be noted on the Vendor's standard selection form which and when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections selection would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to In the event the Purchaser does not so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any such event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-re- selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-re- selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection. The Purchaser acknowledges that many finishing materials are subject to slight colour variations and also to availability. Therefore, from time to time certain finishes may not perfectly match colour samples displayed. Natural materials, such as marble, granite, hardwood and brick are particularly susceptible to such variations.

COLOUR SELECTION. The Purchaser covenants and agrees that he will within ten (10) days of notification from the Vendor attend to make colour and other selections from the Vendor's standard samples, finalize and confirm in writing such selections and note such selections on the Vendor's standard selection form which when completed shall constitute part of this Agreement (the "Interior Finishing Selection Sheet"). In the event any item on the Interior Finishing Selection Sheet becomes unavailable, or, if such selections would not be available in a timely fashion, (such determination to be made by the Vendor at its sole discretion), the Purchaser shall immediately re-select an alternative from the Vendor's available samples. The Purchaser’s failure to so select or re-select within the time or times hereinbefore limited, the Purchaser’s failure to pay for upgrades or the Purchaser issuing a cheque which does not clear the Vendor’s bank or is marked for insufficient funds shall be a FBOC and, the Vendor may at its sole option, either make such selection on behalf of the Purchaser, and in any event, the Purchaser hereby irrevocably agrees to accept the Vendor's selection without any right of abatement of the Purchase Price and in full satisfaction of the Vendor's obligation herein, or terminate this Agreement and the Purchaser agrees that the deposit monies paid by the Purchaser hereunder shall be forfeited to the Vendor in addition and without prejudice to any other remedy available to the Vendor arising out of such default. Only such items as may be unavailable, or unavailable in a timely fashion (as determined by the Vendor at its sole discretion) may be re-re- selected by the Purchaser. In the event of default by the Purchaser in re-selection, or failure to make payment in full for upgrades and a re-selection by the Vendor is to be made on behalf of the Purchaser, the re-selection shall be of equal or better quality than the original selection.