CONTINUED MARKETING Clause Samples

CONTINUED MARKETING. In the event that this agreement is subject to the purchaser requiring mortgage loan finance, contemplated in clause 4.1 above, then:

CONTINUED MARKETING. 20.1 In the event that this Agreement is subject to the Purchaser obtaining a loan as contemplated in clause 3.1 above, then – 20.1.1 the Purchaser acknowledges that the Seller shall be entitled to continue to market the Property through the Agent and accept other offers through the Agent in respect of the Property; and 20.1.2 if the Seller accepts another offer or offers, it shall have the right to proceed with the transaction where the Condition Precedent has been fulfilled at the earliest and where written confirmation is received by the Seller's Conveyancer in this regard. 20.1.3 this Agreement will be cancelled, by way of a written cancelation notice, if the Seller elects to proceed with another transaction, as described in clause 20.1.2 above; 20.1.4 in the event of cancellation of this Agreement, the Parties reciprocally and irrevocably agree that once the Seller has refunded the Purchaser whatever amount has been paid by the Purchaser in terms of this Agreement, that they shall have no further claims against one another arsing out of this Agreement. 20.2 For the avoidance of doubt, and for purposes of clause 20.1.2, the Condition Precedent in clause 3.1 will only be deemed to be fulfilled if all conditions imposed by the relevant bank or financing institution in terms of the facility or loan agreement have been complied with and such facility or loan agreement has become unconditional.

CONTINUED MARKETING. Listing Status will be changed to Active: Contingent on Sale. If Seller enters into such a Back-Up Agreement, Seller delivers to Buyer written notice of such Back-Up Agreement. Then Buyer shall have a period of business days/ hours after receipt of such notice with to respond to purchase pursuant to the terms of this Addendum. Upon receipt of such notice, and within the stated time Buyer may: A. Deliver to Seller an unconditional written waiver of the Contingency, the date of closing shall be the date specified in the Agreement OR, in the alternative if specified, days after the removal of the contingency terminate the Agreement and receive a refund of all ▇▇▇▇▇▇▇ Money; or B. Fail to respond within the time allowed, in which case Seller may terminate the Agreement at any time thereafter. Upon such termination, all ▇▇▇▇▇▇▇ Money shall be refunded to Buyer.

CONTINUED MARKETING. 7.1. If the Seller receives a Competing Offer prior to the fulfilment of the Suspensive Condition set out in clause 6.2, then the Seller shall notify the Purchaser in Writing of the Competing Offer, giving the Purchaser 3 (Three) days to either fulfil or waive such Suspensive Condition. 7.2. The Competing Offer shall either be (i) unconditional, or (ii) only subject to the termination or cancellation of this Agreement and approval of a loan for the purchaser identified in the Competing Offer, which latter condition must be fulfilled before the Purchaser can be given notice by the Seller as contemplated in clause 7.1. 7.3. Fulfilment of the condition to obtain a loan, as contemplated in clause 7.2, means (i) a written confirmation from a registered financial institution confirming that the required loan has been approved, and (ii) written acceptance of such a loan. 7.4. The Written notice to the Purchaser contemplated in clause 7.1 shall include a (i) copy of the Competing Offer, and (ii) written confirmation from a registered financial institution confirming that the required loan has been approved, alternatively Written confirmation by the Conveyancer that the Competing Offer is unconditional. 7.5. The notice period set out in clause 7.1, alternatively such extended notice period as the Seller may grant in Writing (“Notice Period”), becomes operative only after the provisions of clause 7.3 have been complied with. 7.6. Should the Purchaser choose to waive the Suspensive Condition in question, the Purchaser will deliver all necessary proof of fulfilment of the Suspensive Condition/s contemplated in clause 6.2, to the Property Practitioner and Conveyancer before the Notice Period expires. 7.7. Should the Purchaser fail to waive the Suspensive Condition in question, alternatively fail to provide proof of fulfilment of the Suspensive Condition in question, within the Notice Period, this Agreement will Lapse and will be null and void. APPLICATION OF THE CPA AND THE PURCHASER'S COOLING OFF RIGHT 8. 8.1. If the Purchaser is a natural person, or Juristic Person with an annual turnover or asset value of less than R 2 000 000.00 (Two Million Rand) at the time of entering into this Agreement, the Agreement is subject to the provisions of the CPA. 8.2. If the CPA applies, the Purchaser may cancel this Agreement if it resulted from any Direct Marketing, without reason or penalty, by notice to the Seller and the Property Practitioner in Writing within 5 (Five) days of ...

CONTINUED MARKETING. Provided Buyer has not closed on the Sale of Buyer’s Property and has not otherwise waived this contingency; Seller may continue to market the Property and receive offers to purchase same. Any such “Back-Up” Purchase Agreement (“Back-Up Agreement”) shall be subject to Buyer’s right to purchase pursuant to the terms of this Addendum. However, if Seller enters into such a Back-Up Agreement, and Seller delivers to Buyer written notice of such Back-Up Agreement, then Buyer shall have a period of business days/ hours after receipt of such notice within which to respond. Upon receipt of such notice, and within the stated time period Buyer may: A. Deliver to Seller an unconditional written waiver of the Contingency, in which case the Back-Up Agreement shall be subject to the Agreement and the date of closing shall be the date specified in the Agreement OR, in the alternative if specified, B. Terminate the Agreement and receive a refund of all ▇▇▇▇▇▇▇ Money; or ▇. ▇▇▇▇ to respond within the time allowed, in which case Seller may terminate the Agreement at any time thereafter. Upon such termination, all ▇▇▇▇▇▇▇ Money shall be refunded to Buyer.

CONTINUED MARKETING. Notwithstanding any other provisions of this agreement, it is agreed that the Seller may not continue marketing the Letting Enterprises or the Property by virtue of the fact that this agreement contains no suspensive conditions.

CONTINUED MARKETING. 22.1 In the event that this Agreement is subject to the Purchaser requiring mortgage loan finance (as contemplated in clause 6.1 above) then: - 22.1.1 The Purchaser acknowledges that the Seller shall be entitled to continue to market the Property, either through the Estate Agent, or on its own, and accept other offers, in respect of the Property. 22.1.2 The Seller shall be obliged to proceed with the first offer where all the suspensive conditions are fulfilled, and where written confirmation is received by the Conveyancer in this regard. All other accepted offers will thus be terminated and the Parties reciprocally and irrevocably acknowledge that they shall have no further claims against one another arising out of these Agreements.

CONTINUED MARKETING. The Seller may continue to market the Property until such time as the suspensive conditions contained in this Agreement have been fulfilled. Should the Seller, during this time, receive another offer to purchase the Property (“the Competing Offer”), which in the Seller’s sole and absolute discretion is a more acceptable offer, the Seller will have the right to call upon the Purchaser by notice in writing, to waive the suspensive conditions that this Agreement is subject to within 7 (seven) days, excluding Saturday, Sunday and Public, or such extended period as the Seller in their sole discretion may allow (“the Waiver Period”). SAMPLE

CONTINUED MARKETING. At closing, PAMCO and its affiliate, Provident Health Services, will transfer to PALHIC and CRL all of their rights under any agreements with agents and brokers for the sale of health insurance, and PAMCO and PILIC will enter into non-competition, non-solicitation agreements regarding such agents with respect to the future sale of health insurance products. PALHIC will continue to issue HealthQuest, Solution and AdvantaEdge policies or similar policies (the "PALHIC Policies") for a period of three (3) years following the closing and will make such policies available for sale by the existing agency force of PALHIC and agents recruited by their hierarchy (the "PALHIC Agents") during that time period. CRL will establish a mechanism to track the business written by such PALHIC agents.