Common use of COMPLETION AND POSSESSION Clause in Contracts

COMPLETION AND POSSESSION. The balance of the purchase price shall be paid on or before 4 pm on the date for completion in exchange for: possession (to be vacant except for the tenancies); a duly executed Transfer in favour of the Buyer capable of immediate registration free from encumbrances other than those specified in Item K; the duplicate of the instrument of title (if issued); all keys, codes or devices in the Seller’s possession or control for all locks and security systems on the property; any document the Seller may be required to produce under clause 16.1; and in the case of land being subject to any tenancies, the Seller’s executed and stamped copies of all instruments (if any) evidencing such tenancies and copies of all written records and documents relating to such tenancies, including (without limitation) all original signed inspection reports, and records of rental payments by the current tenant, required under the Residential Tenancies Act. The Buyer shall tender a Transfer, duly executed by the Buyer, to the Seller within 5 working days of the date of this Contract, or where completion of this Contract is subject to the issue of (or service upon one party of notice of the issue of) a separate title to the land included in the property, within 5 working days of the date upon which that condition is satisfied. Subject to clause 3.4, the Seller shall deliver to the Buyer: the Transfer, duly executed by the Seller, to be held in escrow by the Buyer for the purpose of stamping only; and a settlement statement providing particulars of all necessary adjustments to the purchase price and the manner in which the balance of that purchase price is to be paid, no later than 3 working days before the date for completion. Instead of delivering a signed Transfer to the Buyer at least 3 working days before the date for completion, the Seller may elect to present the signed Transfer to the Commissioner of Taxes for assessment of duty no later than 3 working days before the date for completion, in which case: the Buyer shall promptly upon demand, provide the Seller with a lodgement number for the Contract; the Buyer must reimburse the Seller for the duty paid by the Seller upon the Transfer; and the Seller shall deliver the signed stamped Transfer to the Buyer upon completion in exchange for the balance of the purchase price, and, if the Seller has paid the duty upon the Transfer and has not been reimbursed by the Buyer, the amount of duty payable upon the Transfer. Unless otherwise stated in this Contract, or agreed by the parties, completion shall take place at the Land Titles Office specified in Item I. The balance of the purchase price shall be paid by bank cheque to the Seller or the Seller’s conveyancer or any other person nominated in writing by the Seller on the Seller’s settlement statement. If for any reason a bank cheque tendered on account of the balance of the purchase price is not paid on presentation, the Buyer shall remain liable to pay the amount of that cheque. If the Seller requires the balance of the purchase price to be paid by more than 3 bank cheques, the Seller shall reimburse the Buyer at completion for the cost of the fourth and each subsequent bank cheque required by the Seller.

Appears in 2 contracts

Samples: Sale, Sale

AutoNDA by SimpleDocs

COMPLETION AND POSSESSION. The balance of A. Landlord shall exercise reasonable diligence and shall endeavor to complete the purchase price shall be paid items set forth on Exhibit B, entitled "Landlord's Work", on or before 4 pm on ninety (90) days from the date for completion which Tenant approves, in exchange for: possession (to be vacant except for writing, the tenancies); a duly executed Transfer in favour of the Buyer capable of immediate registration free from encumbrances other than those specified in Item K; the duplicate of the instrument of title (if issued); all keysagreed upon floor plan, codes or devices in the Seller’s possession or control for all locks and security systems on the property; any document the Seller may be required to produce under clause 16.1; and in the case of land being subject to any tenancies, delay by causes beyond the Seller’s executed and stamped copies reasonable control of all instruments (if any) evidencing such tenancies and copies of all written records and documents relating to such tenancies, including (without limitation) all original signed inspection reports, and records of rental payments Landlord or by the current tenant, required under the Residential Tenancies Act. The Buyer shall tender a Transfer, duly executed by the Buyer, to the Seller within 5 working days action or inaction of the date of this Contract, or where completion of this Contract is subject to the issue of (or service upon one party of notice of the issue of) a separate title to the land included in the property, within 5 working days of the date upon which that condition is satisfied. Subject to clause 3.4, the Seller shall deliver to the Buyer: the Transfer, duly executed by the Seller, to be held in escrow by the Buyer for the purpose of stamping only; and a settlement statement providing particulars of all necessary adjustments to the purchase price and the manner in which the balance of that purchase price is to be paid, no later than 3 working days before the date for completion. Instead of delivering a signed Transfer to the Buyer at least 3 working days before the date for completion, the Seller may elect to present the signed Transfer to the Commissioner of Taxes for assessment of duty no later than 3 working days before the date for completion, in which case: the Buyer shall promptly upon demand, provide the Seller with a lodgement number for the Contract; the Buyer must reimburse the Seller for the duty paid by the Seller upon the Transfer; and the Seller shall deliver the signed stamped Transfer to the Buyer upon completion in exchange for the balance of the purchase price, and, if the Seller has paid the duty upon the Transfer and has not been reimbursed by the Buyer, the amount of duty payable upon the Transfer. Unless otherwise stated in this Contract, or agreed by the parties, completion shall take place at the Land Titles Office specified in Item I. The balance of the purchase price shall be paid by bank cheque to the Seller or the Seller’s conveyancer or any other person nominated in writing by the Seller on the Seller’s settlement statement. If for any reason a bank cheque tendered on account of the balance of the purchase price is not paid on presentation, the Buyer shall remain liable to pay the amount of that chequeTenant. If the Seller requires Landlord's Work is not Substantially Complete within the balance meaning of this Article 6 on the anticipated Commencement Date, then this Lease shall not be affected thereby but, in such case, the Commencement Date shall be deemed to be postponed until the date when the Landlord's Work is Substantially Complete and Tenant shall not have any claim against Landlord, and Landlord shall have no liability to Tenant, by reason of any such postponement. If Landlord is unable to deliver possession within two hundred ten (210) days from the date which Tenant approves, in writing, the agreed upon floor plan, Tenant shall thereafter prior to delivery of occupancy have the right to terminate this Lease upon ten (10) days written notice to Landlord. During said ten (10) day notice period, Landlord shall have the right to deliver the Demised Premises in accordance with the terms of this Lease and, in such case, the delivery of the purchase price Demised Premises shall nullify Tenant's termination notice. Should Landlord fail to be paid by more than 3 bank chequesdeliver the Demised Premises within ten (10) days of Tenant's notice, this Lease shall terminate and Landlord will promptly return to Tenant the Seller shall reimburse Security Deposit. The parties hereto agree that this Article 6 constitutes an express provision as to the Buyer at completion for time in which Landlord has to complete Landlord's Work and, except as expressly set forth herein to the cost of the fourth and each subsequent bank cheque required by the Sellercontrary, Tenant hereby waives any rights to rescind this Lease which Tenant might otherwise have pursuant to any law now or hereafter in force.

Appears in 1 contract

Samples: Lease (Amedia Networks, Inc.)

AutoNDA by SimpleDocs

COMPLETION AND POSSESSION. The balance Seller (or his representative) and the Buyer agree to meet during the SEVEN (7) day period immediately prior to the closing of this transaction to inspect the dwelling and will complete the Certificate of Completion and Possession required to be completed pursuant to the provisions of the purchase price Ontario New Home Warranty Plan Act. The said Certificate shall be paid on or before 4 pm on the date for completion in exchange for: possession (to be vacant except for the tenancies); a duly executed Transfer in favour of the Buyer capable of immediate registration free from encumbrances other than those specified in Item K; the duplicate of the instrument of title (if issued); all keys, codes or devices in set out any uncompleted building items and shall constitute the Seller’s possession or control for all locks undertaking and security systems on obligation to complete the property; any document the said uncompleted building matters. The Seller may be required to produce under clause 16.1; and shall complete such items as are contained in the case Certificate of land being subject to any tenancies, the Seller’s executed Completion and stamped copies of all instruments (if any) evidencing such tenancies and copies of all written records and documents relating to such tenancies, including (without limitation) all original signed inspection reports, and records of rental payments by the current tenant, required under the Residential Tenancies ActPossession as expeditiously as is reasonably possible. The Buyer Seller shall tender a Transferhave the right, duly executed by upon notice to the Buyer, to enter upon the Seller within 5 working days of the date of this Contract, or where property after completion of this Contract is subject in order to the issue of (or service upon one party of notice of the issue of) a separate title to the land complete such items as are included in the property, within 5 working days Certificate of Completion and Possession. WETT (WOOD ENERGY TECHNOLOGY TRANFSFER) - WOOD FIREPLACE - CONDITION This offer is conditional upon the date upon which that condition is satisfied. Subject to clause 3.4, the Seller shall deliver to Buyer obtaining at the Buyer: the Transfer's expense a Wood Energy Technology Transfer (WETT) inspection, duly executed by the Seller, to be held in escrow by the Buyer for the purpose of stamping only; and obtaining a settlement statement providing particulars of all necessary adjustments to the purchase price and the manner in which the balance of that purchase price is to be paid, no later than 3 working days before the date for completion. Instead of delivering a signed Transfer report satisfactory to the Buyer at least 3 working days before in the date for completion, Buyer's sole and absolute discretion. Unless the buyer gives notice in writing to the Seller may elect to present the signed Transfer to the Commissioner of Taxes for assessment of duty no later than 3 working days before the date for completion, personally or in which case: the Buyer shall promptly upon demand, provide the Seller accordance with a lodgement number any other provisions for the Contract; the Buyer must reimburse the Seller for the duty paid by the Seller upon the Transfer; delivery of notice in this Agreement of Purchase and Sale or any Schedule thereto within Five (5) banking days (excluding Saturdays, Sundays and Statutory Holidays) after acceptance of this offer, that this condition is fulfilled, this Offer shall be null and void and the Seller deposit shall deliver the signed stamped Transfer be returned to the Buyer upon completion in exchange full without deduction. This condition is included for the balance benefit of the purchase price, and, if the Seller has paid the duty upon the Transfer Buyer and has not been reimbursed by may be waived at the Buyer, the amount of duty payable upon the Transfer. Unless otherwise stated 's sole option by notice in this Contract, or agreed by the parties, completion shall take place at the Land Titles Office specified in Item I. The balance of the purchase price shall be paid by bank cheque writing to the Seller or as aforesaid within the time period stated herein. WETT (WOOD ENERGY TECHNOLOGY TRANFSFER) - WOOD FIREPLACE - CLAUSE The Seller agrees to at the Seller’s conveyancer or any other person nominated in writing 's expense obtain a Wood Energy Technology Transfer (WETT) inspection, and obtaining a report satisfactory to the Buyer within 3 weeks prior to Title Search Date. The Seller agrees to provide the report to the Buyer within the time period state above. This form must be initialed by all parties to the Seller on the Seller’s settlement statementAgreement of Purchase and Sale. If for any reason a bank cheque tendered on account This Schedule is attached to and forms part of the balance Agreement of the purchase price is not paid on presentationPurchase and Sale between: BUYER: , the Buyer shall remain liable to pay the amount of that cheque. If the Seller requires the balance of the purchase price to be paid by more than 3 bank cheques, the Seller shall reimburse the Buyer at completion and SELLER: .......................................................................................................................................................................................................... for the cost property known as .................................................................................................................................................................................. ........................................................................ dated the ..................................................... day of the fourth and each subsequent bank cheque required by the Seller..........................................., 20................

Appears in 1 contract

Samples: www.mariodanielsconza.com

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!