Common use of Damage, Inclusions and Services Clause in Contracts

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 693 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 694 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 695 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 696 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 697 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 698 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 699 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 700 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the 701 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 711 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 712 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 713 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 714 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 715 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 716 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 717 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 718 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, XxxxxxSeller’s right for any claim against the 719 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 628 services), 672 system, component or fixture of the Property (collectively Service) (), e.g., heating or plumbing), fail or be damaged 629 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 630 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 631 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 632 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 633 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 634 Closing DateDate (§ 3), or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 635 Inclusion or Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, Xxxxxx’s Seller's right for any claim 636 against the Association, if any, will survive 680 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 637 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 services), 672 system, component or fixture of the Property (collectively Service) (), e.g., heating or plumbing), fail or be damaged 623 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 Closing DateDate (§ 3), or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, Xxxxxx’s Seller's right for any claim 630 against the Association, if any, will survive 680 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 684 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 685 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 686 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 687 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 688 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 689 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 690 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 691 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 692 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 689 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 690 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 691 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 692 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 693 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 694 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 695 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 696 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 697 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 633 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 634 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 635 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 636 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 637 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 638 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 639 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 640 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s 's right for any claim against the 641 Association, if any, will survive 680 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty programs that 642 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 628 services), 672 system, component or fixture of the Property (collectively Service) (), e.g., heating or plumbing), fail or be damaged 629 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 630 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 631 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 632 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 633 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 634 Closing DateDate (§ 3), or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 635 Inclusion or Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s 's right for any claim 636 against the Association, if any, will survive 680 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 637 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 746 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 747 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 748 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 749 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 750 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 751 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.124.1., on or before Closing Date, or, at the 678 752 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 753 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 754 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 706 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 707 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 708 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 709 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 710 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 711 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 712 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 713 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the 714 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 491 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 492 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 493 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 494 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 495 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 496 replaced on or before 677 Closing or possession, whichever is earlier, Buyer Xxxxx has the Right to Terminate under § 25.1, on or before 497 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 498 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the 499 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 687 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 688 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 689 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 690 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 691 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 692 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 693 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 694 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 695 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 687 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 688 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 689 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 690 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 691 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 692 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 693 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 694 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, XxxxxxSeller’s right for any claim against the Association, if any, will survive 680 695 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 684 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 685 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 686 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 687 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 688 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 689 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 690 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 691 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, XxxxxxSeller’s right for any claim against the Association, if any, will survive 680 692 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 565 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 566 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 567 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 568 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 569 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 570 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 571 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 572 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, XxxxxxSeller’s right for any claim against the 573 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 672 736 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date 673 737 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion 674 738 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 739 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 740 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 741 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 742 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 743 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the Association, if any, will survive 680 744 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 565 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 566 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 567 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 568 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 569 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 570 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 571 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 572 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the 573 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 711 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 712 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 713 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 714 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 715 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 716 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 717 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 718 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx receives such a credit, Xxxxxx’s right for any claim against the 719 Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 694 services), 672 system, component or fixture of the Property (collectively Service) (), e.g., heating or plumbing), fail or be damaged between the 695 date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such 696 Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or 675 697 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 676 698 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 677 Closing or 699 possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date, or, at the 678 option of Buyer, Buyer is 700 entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx 701 Buyer receives such a credit, Xxxxxx’s Seller's right for any claim against the Association, if any, will survive 680 Closing.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 706 services), 672 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 707 between the date 673 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 708 of such Inclusion 674 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 709 maintenance or 675 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 710 proceeds received by 676 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 711 replaced on or before 677 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 712 Closing Date, or, at the 678 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 713 Service. Such credit must 679 not exceed the Purchase Price. If Xxxxx Buyer receives such a credit, XxxxxxSeller’s right for any claim against the 714 Association, if any, will survive 680 Closing.