Common use of COLOUR SELECTION Clause in Contracts

COLOUR SELECTION. 3.6.1 In the event that the 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 colour choice and material cannot be completed in accordance with the Vendor’s construction schedule, the Purchaser shall choose alternate colours and materials within three (3) days and in the event the Purchaser fails to make an alternate selection as aforesaid, the Vendor shall 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, then the Vendor shall have the option of choosing the colours and materials for and on behalf of the Purchaser and the Purchaser agrees to accept same. 3.6.3 In the event 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 the 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- floor and without limiting the generality of the foregoing, shall include tile, hardwood, marble, terrazzo and carpet. 3.6.4 Where omissions occur on the original colour selection sheet, the Purchaser acknowledges that selection by the Vendor will be final. 3.6.5 Upgrades listed on a standard colour chart will not be deemed to be part of the Agreement of Purchase and Sale. 3.6.6 The Purchaser agrees that if after having made 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, 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 binding on all other Purchasers as if they had made such selections or entered into such agreements themselves.

COLOUR SELECTION. 3.6.1 In the event that the 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 colour choice and material cannot be completed in accordance with the Vendor’s construction schedule, the Purchaser shall choose alternate colours and materials within three (3) days and in the event the Purchaser fails to make an alternate selection as aforesaid, the Vendor shall 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, then the Vendor shall have the option of choosing the colours and materials for and on behalf of the Purchaser and the Purchaser agrees to accept same. 3.6.3 In the event 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 the 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- sub-floor and without limiting the generality of the foregoing, shall include tile, hardwood, marble, terrazzo and carpet. 3.6.4 Where omissions occur on the original colour selection sheet, the Purchaser acknowledges that selection by the Vendor will be final. 3.6.5 Upgrades listed on a standard colour chart will not be deemed to be part of the Agreement of Purchase and Salethis Agreement. 3.6.6 The Purchaser agrees that if after having made 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 propertyProperty, the prescribed colours shall be final notwithstanding that the Purchaser may have completed a colour selection/chart.. DRAFT 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, 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 binding on all other Purchasers as if they had made such selections or entered into such agreements themselves.

COLOUR SELECTION. 3.6.1 In the event that the 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 colour choice and material cannot be completed in accordance with the Vendor’s construction schedule, the Purchaser shall choose alternate colours and materials within three (3) days and in the event the Purchaser fails to make an alternate selection as aforesaid, the Vendor shall 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, then the Vendor shall have the option of choosing the colours and materials for and on behalf of the Purchaser and the Purchaser agrees to accept same. 3.6.3 In the event 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 the 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- floor and without limiting the generality of the foregoing, shall include tile, hardwood, marble, terrazzo and carpet. 3.6.4 Where omissions occur on the original colour selection sheet, the Purchaser acknowledges that selection by the Vendor will be final. 3.6.5 Upgrades listed on a standard colour chart will not be deemed to be part of the Agreement of Purchase and Salethis Agreement. 3.6.6 The Purchaser agrees that if after having made 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 propertyProperty, 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, 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 binding on all other Purchasers as if they had made such selections or entered into such agreements themselves.

COLOUR SELECTION. 3.6.1 In the event that the 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 colour choice and material cannot be completed in accordance with the Vendor’s construction schedule, the Purchaser shall choose alternate colours and materials within three (3) days and in the event the Purchaser fails to make an alternate selection as aforesaid, the Vendor shall 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, then the Vendor shall have the option of choosing the colours and materials for and on behalf of the Purchaser and the Purchaser agrees to accept same. 3.6.3 In the event 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 the 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- sub-floor and without limiting the generality of the foregoing, shall include tile, hardwood, marble, terrazzo and carpet. 3.6.4 Where omissions occur on the original colour selection sheet, the Purchaser acknowledges that selection by the Vendor will be final. 3.6.5 Upgrades listed on a standard colour chart will not be deemed to be part of the Agreement of Purchase and Sale. 3.6.6 The Purchaser agrees that if after having made 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, 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 binding on all other Purchasers as if they had made such selections or entered into such agreements themselves.