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Common use of Construction Completion Clause in Contracts

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.

Appears in 5 contracts

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

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to the Tarion Warranty Corporation (TARION), the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Propertyproperty; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARIONTarion's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property property or substantially objectively alter the dwelling; (qdwelling;(q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form a Certificate of Completion and Possession as called for pursuant to under the Tarion Warranty Corporation (TARION). 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Lien Act and will not claim any lien holdback on the Closing DateClosing.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's 'S published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (qdwelling;(q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion.. DRAFT e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any DRAFT reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to the Tarion Warranty Corporation (TARION), the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Propertyproperty; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.;

Appears in 1 contract

Samples: Purchase and Sale Agreement

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion.. DRAFT e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any DRAFT reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Pre­delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price.. DRAFT g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Construction Completion. 3.1.1 The Purchaser acknowledges that the dwelling will be constructed substantially in accordance with plans and specifications to be filed with the Building Department of the municipality in which the building is located and in accordance with the Ontario Building Code and that the Purchaser shall have no claims against the Vendor for any higher or better standards of workmanship or materials than required in such plans and specifications and pursuant to the Ontario Building Code. The foregoing shall constitute complete and absolute acceptance by the Purchaser of all construction matters, and the quality and sufficiency thereof, including, without limitation, all mechanical, structural and architectural matters. The Purchaser agrees that the foregoing may be pleaded by the Vendor as an estoppel in any action brought by the Purchaser or his successors in title against the Vendor. Subject to TARION, the Vendor reserves the right to make changes to the plans and specifications and/or substitute materials provided that such materials are substantially equal in quality to the materials so replaced and the Purchaser shall have absolutely no claim or cause of action against the Vendor for any such changes, variances or modifications, nor shall the Purchaser be entitled to any notice thereof. 3.1.2 Without limiting the generality of the foregoing, the Purchaser acknowledges and agrees as follows: a) the Vendor shall have the right to construct the reverse mirror image of the dwelling type, including reversal of the garage siting and reversal of the interior floor plan layout, without notice to the Purchaser and without compensation or abatement to the Purchase Price. b) as of the date of this Agreement, the final site plan relating to the lands showing the actual siting of the dwelling on the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type on the lands in a location or angle different and relocate sidewalks or fences other than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price. c) the Purchaser hereby acknowledges that, as of the date of this Agreement, final grading plans relating to the lands may not have been completed by the Vendor or approved by all governmental authorities. Consequently, the Purchaser acknowledges and agrees that the Vendor shall have the right to construct the dwelling type at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the bythe Purchaser at the time of entering into this Agreement, without notice to the Purchaser and without compensation or abatement to the Purchase Price.. DRAFT d) in the event this Agreement calls for the construction of a deck or patio and such is not possible, the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. In the event that this Agreement does not call for a deck or patio and such is required by the municipality pursuant to final approved grading, engineering and/or site plans, the Purchaser shall pay to the Vendor the additional cost involved in constructing the deck or patio, which shall be determined by the Vendor in its sole and absolute discretion. e) in the event that the dwelling type is constructed at a grade level different than as depicted in the sales brochures, renderings and other plans and specifications reviewed by the Purchaser at the time of entering into this Agreement necessitating a step or series of steps to the front door, side door, rear door or any other door of the dwelling in addition to any changes in windows, side or garage access doors the Purchaser hereby irrevocably agrees to accept such change without notice, without any right of abatement to the Purchase Price and in full satisfaction of the Vendor’s obligations with respect to the construction of the dwelling. f) the Purchaser acknowledges that the dimensions of the Property and the square footage of the dwelling are approximate only. In the event that the frontage, depth or area of the Property and/or the square footage of the dwelling as a whole are varied by up to and including five percent (5%) from the specifications set out in this Agreement, the Purchaser acknowledges and agrees to accept all such variations without notice and without a claim for compensation or abatement to the Purchase Price. g) the Vendor is not responsible for shade difference occurring in the manufacture of items such as, but not limited to, finishing materials or products such as cushion floor, carpet, floor tiles, roof shingles, brick, aluminum or vinyl siding, bath tubs, water closets, sinks and other such products where the product manufacturer establishes the standard for such finishes. The Vendor is also not responsible for colour variations in natural products or the finishes on natural products such as, but not limited to, marble, granite, hardwood flooring, kitchen cabinets, wood stair railings, spindles, trim as well as stains or finishes applied to any of the aforesaid which colours may vary when finishes are applied to them. Nor shall the Vendor be responsible for shade difference in colour of components manufactured from different materials but which components are designed to be assembled into either one product or installed in conjunction with another product such as, but not limited to, plastic toilet seats, china toilets, enamel tubs, melamine cabinet finishes and paint and in these circumstances the product as manufactured shall be accepted by the Purchaser. In the event the purchaser requests loop type “berber” carpet, the purchaser acknowledges that seams may be visible; and shall sign a waiver of such upon selection of colours. h) in the event, the Purchaser purchases granite or quartz countertop(s), the Purchaser acknowledges that the granite or quartz can come with shade, veining, and pattern variances from one end of the slab to the other and requires frequent applications of sealant in order to properly toproperly maintain the countertop(s). The Purchaser further acknowledges that joints in granite or quartz countertop(s) are visible to the touch and sight joints are at the sole discretion of the fabricator. i) in addition, the following alterations and adjustments may be made by the Vendor to the lot and model type selected by the Purchaser for any reason, and the Purchaser agrees that such alterations and adjustments for all purposes are minor and permissible, and the Purchaser shall accept the dwelling constructed on the Property with any or all of the following alterations and adjustments, without compensation or abatement (which alterations and adjustments the Purchaser hereby irrevocably authorizes the Vendor to complete): (a) a change in the front elevation of the Property that results in an increase or decrease in the number of steps to the front door and any change to the grading which affects or alters the steps or entry to the dwelling from the front door to the lot line of the Property; (b) the deletion or addition or relocation of any and all entry doors to the garage; (c) the relocation or the lowering of the elevation of any other entry doors into the dwelling or the elevation of the laundry area or the elimination of laundry room door(s); (d) the addition or deletion of steps into any and all of the rear yard, the side yard and the garage; (e) the installation of thresholds dividing rooms or living areas required by differences in surface elevations or floor materials; (f) the substitution of a door for a patio door, or a patio door for a door; (g) the substitution of a door or patio door for a window, or a window for a door or patio door; (h) the construction of the dwelling reversed to the layout shown on the floor plans (mirror image which may cause side windows to align with neighboring home's windows); (i) any reduced or increased ceiling heights; (j) changes in the location of the furnace, fireplace, water tank, or other services; (k) a reduction or increase in the area of the dwelling of up to five percent (5%), using TARION's published uniform method for the calculation of floor area (and in addition to the equivalency tolerances provided for by such method); (I) any changes either before or after approval of the plans imposed by the municipality, developer or the architectural control architect or imposed by any architectural controls, including without limitation any change to external elevations of the dwelling or the elimination of walkouts and/or lookouts; (m) the installation of catchbasins, as completed in compliance with the grading and drainage requirements of the Vendor and/or the municipality; (n) sunken foyers, rooms or other areas of the dwelling as a result of grading changes; (o) variation of rooflines which may differ from those shown on plans; (p) any other change that does not materially diminish the value of the Property or substantially objectively alter the dwelling; (q) any other substitution by the Vendor permitted under this Agreement; and (r) any other change that the Vendor's architect in his unfettered discretion considers minor and permissible, and the statutory declaration of the architect or his employee in charge of the project shall be deemed to be conclusive and binding on the Purchaser. j) lot sizes and dimensions are also subject to change without notice provided that they are not substantially varied and, without limiting the foregoing, any decrease of less than 10% of any single lot dimension or of less than 10% of the total lot area will not be considered a substantial variation. 3.1.3 The Purchaser agrees to complete the transaction without holdback of any part of the Purchase Price. The Vendor and Purchaser shall complete on or before the Closing Date the Pre-delivery Inspection Form as called for pursuant to TARION. 3.1.4 The Purchaser will accept the Vendor’s covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers in full satisfaction of the Purchaser’s rights under The Construction Act and will not claim any lien holdback on the Closing Date.;

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Samples: Agreement of Purchase and Sale