Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 588 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 589 between the date of this Contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or 590 replacement 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 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or replaced on or before Closing or possession, whichever shall be earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before Closing Date (§ 3), or, at the option of Buyer, Buyer shall be entitled to a credit at Closing for the repair or 595 replacement of such Inclusion or Service. Such credit shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 596 right for any claim against the Association, if any, shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions.
Appears in 1 contract
Samples: Real Estate Purchase and Sales Agreement (Wells Real Estate Fund Viii Lp)
Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 588 594 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 589 595 between the date of this Contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or 590 596 replacement of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent 591 597 that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 598 insurance proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 599 repaired or replaced on or before Closing or possession, whichever shall be earlier, Buyer has the Right to Terminate under § 25.1, 594 600 on or before Closing Date (§ 3), or, at the option of Buyer, Buyer shall be entitled to a credit at Closing for the repair or 595 601 replacement of such Inclusion or Service. Such credit shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 596 602 right for any claim against the Association, if any, shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 603 home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions.
Appears in 1 contract
Samples: Contract to Buy and Sell Real Estate
Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 588 605 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 589 606 between the date of this Contract and Closing or possession, whichever shall be is earlier, then Seller shall be is liable for the repair or 590 replacement 607 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 608 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance 609 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or 610 replaced on or before Closing or possession, whichever shall be is earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before 611 Closing Date (§ 3), or, at the option of Buyer, Buyer shall be is entitled to a credit at Closing for the repair or 595 replacement of such 612 Inclusion or Service. Such credit shall must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, Seller's 596 Xxxxxx’s right for any claim 613 against the Association, if any, shall will survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty 614 programs that may be purchased and may cover the repair or replacement of such Inclusions.
Appears in 1 contract
Samples: Contract to Buy and Sell Real Estate
Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 588 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 589 672 between the date of this Contract and Closing or possession, whichever shall be is earlier, then Seller shall be is liable for the repair or 590 replacement 673 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 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or 676 replaced on or before Closing or possession, whichever shall be is earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before 677 Closing Date (§ 3), or, at the option of Buyer, Buyer shall be is entitled to a credit at Closing for the repair or 595 replacement of such 678 Inclusion or Service. Such credit shall must not exceed the Purchase Price. If Buyer receives such a credit, Seller's 596 right for any claim 679 against the Association, if any, shall will survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty 680 programs that may be purchased and may cover the repair or replacement of such Inclusions.
Appears in 1 contract
Samples: Contract to Buy and Sell Real Estate
Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 588 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 589 672 between the date of this Contract and Closing or possession, whichever shall be is earlier, then Seller shall be is liable for the repair or 590 replacement 673 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 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or 676 replaced on or before Closing or possession, whichever shall be is earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before 677 Closing Date (§ 3), or, at the option of Buyer, Buyer shall be is entitled to a credit at Closing for the repair or 595 replacement of such 678 Inclusion or Service. Such credit shall must not exceed the Purchase Price. If Buyer Xxxxx receives such a credit, SellerXxxxxx's 596 right for any claim 679 against the Association, if any, shall will survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty 680 programs that may be purchased and may cover the repair or replacement of such Inclusions.
Appears in 1 contract
Samples: Contract to Buy and Sell Real Estate