Common use of Damage, Inclusions and Services Clause in Contracts

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 619 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 627 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 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 619 632 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 620 633 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 634 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 635 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 636 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 637 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 638 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or 639 Service. Such credit must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, SellerXxxxxx's right for any claim 627 against the 640 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 programs that 641 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 619 588 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 589 between the date of this Contract and Closing or possession, whichever is shall be earlier, then Seller is shall be liable for the repair or 590 replacement 621 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent 591 that the 622 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance 623 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or 624 replaced on or before Closing or possession, whichever is shall be earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before 625 Closing Date (§ 3), or, at the option of Buyer, Buyer is shall be entitled to a credit at Closing for the repair or 595 replacement of such 626 Inclusion or Service. Such credit must shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 596 right for any claim 627 against the Association, if any, will shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty 628 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 619 749 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 620 750 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 751 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 752 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 753 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 754 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 755 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or 756 Service. Such credit must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, Seller's Xxxxxx’s right for any claim 627 against the 757 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 programs that 758 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 619 605 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 606 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 607 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 608 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 609 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 610 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 611 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 612 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, Seller's Xxxxxx’s right for any claim 627 613 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 614 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 619 662 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 620 663 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 664 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 665 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 666 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 667 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 668 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or 669 Service. Such credit must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, SellerXxxxxx's right for any claim 627 against the 670 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 programs that 671 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 619 services), 791 system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 620 between the date 792 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 of such Inclusion 793 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 maintenance or 794 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 proceeds received by 795 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 replaced on or before 796 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.12524.1,., on or before 625 Closing Date (§ 3)Date, or, at the 797 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or Service. Such credit must 798 not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, Seller's Xxxxxx’s right for any claim 627 against the Association, if any, will survive 799 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 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 619 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 672 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 673 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 676 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 677 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 678 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 627 679 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 680 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 619 594 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 595 between the date of this Contract and Closing or possession, whichever is shall be earlier, then Seller is shall be liable for the repair or 596 replacement 621 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent 597 that the 622 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 598 insurance 623 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 599 repaired or 624 replaced on or before Closing or possession, whichever is shall be earlier, Buyer has the Right to Terminate under § 25.1, 600 on or before 625 Closing Date (§ 3), or, at the option of Buyer, Buyer is shall be entitled to a credit at Closing for the repair or 601 replacement of such 626 Inclusion or Service. Such credit must shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 602 right for any claim 627 against the Association, if any, will shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 603 home warranty 628 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 619 648 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 620 649 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 650 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 651 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 652 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 653 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 654 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or 655 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 627 against the 656 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 programs that 657 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 619 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 620 672 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 621 673 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 622 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 623 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 676 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 625 677 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 626 678 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, SellerXxxxxx's right for any claim 627 679 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 680 programs that may be purchased and may cover the repair or replacement of such Inclusions.