Due Performance of Obligations. 3.6.1 The Vendor/Builder shall duly and diligently perform: 3.6.1.1 all of the Vendor/Builder Obligations, 3.6.1.2 its obligations to purchasers and owners under purchase agreements and Construction Contracts for the Homes, 3.6.1.3 Its obligations under construction contract(s) for new Homes, 3.6.1.4 its obligations to purchasers and owners under the ONHWP Act and NHCL Act, including obligations to attach an Addendum (see Regulation 165/08) (the “Addendum”), Warranty Information Sheet or other required supplement to purchase agreements and Construction Contracts, conduct proper pre- delivery inspections, address deposit or other advance payments, address matters of delay and if applicable delay compensation, and service and attend to statutory warranties and protections in accordance with applicable law and relevant contractual provisions, 3.6.1.5 all obligations under the NHCL Act, Condominium Act and Building Code Act, and all regulations under those Acts, insofar as such obligations relate in any way to Tarion, and 3.6.1.6 all obligations under other applicable law insofar as such obligations relate in any way to Tarion. 3.6.2 Following a risk-based inspection by Tarion of a Home, Tarion may issue to the Vendor/Builder a list of deficiencies in the construction of a Home that must be resolved to bring the Home into compliance with the ONHWP Act. The Vendor/Builder upon receipt shall resolve the deficiencies according to its obligations under the ONHWP Act within a reasonable period of time, failing which the unresolved items will be treated as warranty claims and any rights to challenge the assessment of the deficiencies as determined by Tarion (e.g. Builder Arbitration Forum) and possible sanctions for the Vendor/Builder (e.g. chargeable conciliation) will apply. 3.6.3 The Vendor/Builder shall comply with all conditions applicable to the Homes including the requirement that the Vendor/Builder, 3.6.3.1 shall not sell or commence to construct Homes in excess of the maximum number permitted to be sold or constructed, 3.6.3.2 shall not sell or commence to construct homes of any class for which the construction is restricted, 3.6.3.3 shall replace one form of Security previously provided to Tarion with another, as required, 3.6.3.4 shall provide Security to Tarion in addition to that already provided, in the amount and in the form determined by Tarion, and 3.6.3.5 shall promptly fulfil any term and condition imposed upon the Vendor/Builder by Tarion in connection with the release by Tarion of the whole or any part of any Security provided to Tarion by the Vendor/Builder. 3.6.4 [intentionally left blank] 3.6.5 The Vendor/Builder agrees to have the appropriate persons who are associated persons of the Vendor/Builder complete written or oral interviews, tests or exams with respect to any matters that are relevant to the Homes and the sale, transfer, construction, financing, completion and after-sales service of the Homes. 3.6.6 The Vendor/Builder shall, on request, furnish to Tarion proof that it has complied with its obligation to attach an Addendum and a Warranty Information Sheet to each purchase agreement and Construction Contract, as applicable, and collect and furnish Tarion with owner contact information in each case in accordance with Ontario Regulation 892.
Appears in 2 contracts
Samples: Vendor and Supplier Contracts, Vendor and Builder Agreement
Due Performance of Obligations. 3.6.1 The Vendor/Builder shall duly and diligently perform:
3.6.1.1 all of the Vendor/Builder Obligations,
3.6.1.2 its obligations to purchasers and owners under purchase agreements and Construction Contracts for the Homes,
3.6.1.3 Its obligations under any construction contract(s) for contract with a vendor of new Homeshomes,
3.6.1.4 its obligations to purchasers and owners under the ONHWP Act and NHCL Act, including obligations to attach an Addendum (see Regulation 165/08) (the “Addendum”), a Warranty Information Sheet or other required supplement to purchase agreements and Construction Contracts, conduct proper pre- pre-delivery inspections, address deposit or other advance payments, address matters of delay and if applicable delay compensationmonies, and service and attend to statutory warranties and protections in accordance with applicable law and relevant contractual provisions,
3.6.1.5 all obligations under the NHCL Act, Condominium Act and Building Code Act, and all regulations under those Acts, insofar as such obligations relate in any way to Tarion, and
3.6.1.6 all obligations under other applicable law insofar as such obligations relate in any way to Tarion.
3.6.2 Following a risk-based inspection by Tarion of a Home, Tarion may issue to the Vendor/Builder a list of deficiencies in the construction of a Home that must be resolved to bring the Home into compliance with the ONHWP Act. The Vendor/Builder upon receipt shall resolve the deficiencies according to its obligations under the ONHWP Act within a reasonable period of time, failing which the unresolved items will be treated as warranty claims and any rights to challenge the assessment of the deficiencies as determined by Tarion (e.g. Builder Arbitration Forum) and possible sanctions for the Vendor/Builder (e.g. chargeable conciliation) will apply.
3.6.3 The Vendor/Builder shall comply with all conditions applicable to the Homes including the requirement that the Vendor/Builder,
3.6.3.1 shall not sell or commence to construct Homes in excess of the maximum number permitted to be sold or constructed,
3.6.3.2 shall not sell or commence to construct homes of any class for which the construction is restricted,
3.6.3.3 shall replace one form of Security previously provided to Tarion with another, as required,
3.6.3.4 shall provide Security to Tarion in addition to that already provided, in the amount and in the form determined by Tarion, and
3.6.3.5 shall promptly fulfil any term and condition imposed upon the Vendor/Builder by Tarion in connection with the release by Tarion of the whole or any part of any Security provided to Tarion by the Vendor/Builder.
3.6.4 [intentionally left blank]If the Builder acts as a vendor without executing a vendor agreement with Tarion, then the Builder shall indemnify and save Tarion harmless from and against all losses, claims, costs, damages and/or liabilities whatsoever heretofore or hereafter suffered or incurred by Tarion resulting from, or arising out of, any failure to perform or fulfil the obligations that the Builder would have been obliged to fulfil had the Builder executed a vendor agreement with Tarion.
3.6.5 The Vendor/Builder agrees to have the appropriate persons who are associated persons of the Vendor/Builder complete written or oral interviews, tests or exams with respect to any matters that are relevant to the Homes and the sale, transfer, construction, financing, completion and after-sales service of the Homes.
3.6.6 The Vendor/Builder shall, on request, furnish to Tarion proof that it has complied with its obligation to attach an Addendum and a Warranty Information Sheet to each purchase agreement and Construction Contract, as applicable, Contracts and collect and furnish Tarion with owner contact information in each case in accordance with pursuant to Ontario Regulation 892
3.6.7 The Builder shall preserve all assignable rights and claims that the Builder may have against manufacturers, suppliers, vendors, builders, contractors, sub-contractors and others in respect of any breach of warranty or other defect in respect of the Homes, and shall, forthwith upon the request of Tarion, assign and transfer all such rights and claims to and in favour of Tarion, or as it may direct, and shall execute and deliver such assignments and other instruments and do such acts and things as Tarion may reasonably require in order to enable Tarion or its designate to prosecute and enforce such rights and claims as fully and effectually as the same could be prosecuted and enforced by the Builder subject however to the overriding provisions of any assignment of such rights, claims and/or interests involving any manufacturers, suppliers, builders, contractors and/or sub-contractors heretofore or hereafter made by the Vendor to and in favour of the lender(s) providing construction financing for the Homes, and which assignment to the construction lender(s) shall take priority over any such assignment by the Vendor to and in favour of Tarion, regardless of when same have been respectively created [and Tarion shall correspondingly execute a financing change statement under the PPSA to evidence and confirm said postponement and subordination to and in favour of the construction lender(s)], and following any such assignment to the construction lender Tarion shall not pursue nor enforce any rights and/or claims under or pursuant to any such assignment so granted by the Vendor to Tarion whatsoever.
3.6.8 The Builder shall co-operate with Tarion in connection with requests for construction status, and inspections under the ONHWP Act.
3.6.9 The Builder shall upon request pay all such fees as are permitted under the ONHWP Act and communicated in writing to the Builder in any manner, including in a Registrar Bulletin or other advisory.
3.6.10 The Builder shall pay to Tarion an administration fee equivalent to fifteen per cent (15%) (or such other per cent as may be stipulated from time to time by regulation under the ONHWP Act) of each amount paid out by Tarion to any owner(s) or third party contractor(s)/consultant(s) in respect of the Builder Obligations.
3.6.11 The Builder shall pay to Tarion interest on any amounts owed to Tarion by the Builder, due to any non-compliance with the Builder Obligations, which interest shall accrue at the rate of
Appears in 2 contracts
Samples: Builder Agreement, Builder Agreement
Due Performance of Obligations. 3.6.1 The Vendor/Builder shall duly and diligently perform:
3.6.1.1 all of the Vendor/Builder Obligations,
3.6.1.2 its obligations to purchasers and owners under purchase agreements and Construction Contracts for the Homes,
3.6.1.3 Its obligations under construction contract(s) for contract with a vendor of new Homeshomes,
3.6.1.4 its obligations to purchasers and owners under the ONHWP Act and NHCL Act, including obligations to attach an Addendum (see Regulation 165/08) (the “Addendum”), Warranty Information Sheet addendum or other required supplement to purchase agreements and Construction Contracts, deliver a Warranty Information Sheet, conduct proper pre- pre-delivery inspections, address deposit or other advance paymentsmonies, address matters of delay and if applicable delay compensation, and service and attend to statutory warranties and protections in accordance with applicable law and relevant contractual provisions,
3.6.1.5 all obligations under the NHCL Act, Condominium Act and Building Code Act, and all regulations under those Acts, insofar as such obligations relate in any way to Tarion, and
3.6.1.6 all obligations under other applicable law insofar as such obligations relate in any way to Tarion.
3.6.2 Following a risk-based inspection by Tarion of a Home, Tarion may issue to the Vendor/Builder a list of deficiencies in the construction of a Home that must be resolved to bring the Home into compliance with the ONHWP Act. The Vendor/Act and the Builder upon receipt shall resolve the deficiencies according to its obligations under the ONHWP Act within a reasonable period of time, failing which the unresolved items will be treated as warranty claims and any rights to challenge the assessment of the deficiencies as determined by Tarion (e.g. Builder Arbitration Forum) and possible sanctions for the Vendor/Builder (e.g. chargeable conciliation) will apply.
3.6.3 The Vendor/Builder shall comply with all conditions applicable to the Homes including the requirement that the Vendor/BuilderBuilder or builder, as the case may be,
3.6.3.1 shall not sell or commence to construct Homes in excess of the maximum number permitted to be sold or constructed,
3.6.3.2 shall not sell or commence to construct homes of any class for which the construction is restricted,
3.6.3.3 shall replace one form of Security previously provided to Tarion with another, as required,
3.6.3.4 shall provide Security to Tarion in addition to that already provided, in the amount and in the form determined by Tarion, and
3.6.3.5 shall promptly fulfil any term and condition imposed upon the Vendor/Builder by Tarion in connection with the release by Tarion of the whole or any part of any Security provided to Tarion by the Vendor/Builder.
3.6.4 [intentionally left blank]If the Builder acts as a vendor without executing a vendor agreement with Tarion, then the Builder shall indemnify and save Tarion harmless from and against all losses, claims, costs, damages and/or liabilities whatsoever heretofore or hereafter suffered or incurred by Tarion resulting from, or arising out of, any failure to perform or fulfil the obligations that the Builder would have been obliged to fulfil had the Builder executed a vendor agreement with Tarion.
3.6.5 The Vendor/Builder agrees to have the appropriate persons who are associated persons of the Vendor/Builder complete written or oral interviews, tests or exams with respect to any matters that are relevant to the Homes and the sale, transfer, construction, financing, completion and after-sales service of the Homes.
3.6.6 The Vendor/Builder shall, on request, furnish to Tarion proof that it has complied with its obligation to attach an Addendum and deliver a Warranty Information Sheet to each purchase agreement and Construction Contract, as applicable, the owner and collect and furnish Tarion with owner contact information in each case in accordance with pursuant to Ontario Regulation 892
3.6.7 The Builder shall preserve all assignable rights and claims that the Builder may have against manufacturers, suppliers, vendors, builders, contractors, sub-contractors and others in respect of any breach of warranty or other defect in respect of the Homes, and shall, forthwith upon the request of Tarion, assign and transfer all such rights and claims to and in favour of Tarion, or as it may direct, and shall execute and deliver such assignments and other instruments and do such acts and things as Tarion may reasonably require in order to enable Tarion or its designate to prosecute and enforce such rights and claims as fully and effectually as the same could be prosecuted and enforced by the Builder.
3.6.8 The Builder shall co-operate with Tarion in connection with requests for construction status, and inspections under the ONHWP Act.
3.6.9 The Builder shall upon request pay all such fees as are permitted under the ONHWP Act and communicated in writing to the Builder in any manner, including in a Registrar Bulletin or other advisory.
3.6.10 The Builder shall pay to Tarion an administration fee equivalent to fifteen per cent (15%) (or such other per cent as may be stipulated from time to time by regulation under the ONHWP Act) of each amount paid out by Tarion to any owner(s) or third party contractor(s)/consultant(s) in respect of the Builder Obligations.
3.6.11 The Builder shall pay to Tarion interest on any amounts owed to Tarion by the Builder, due to any non-compliance with the Builder Obligations, which interest shall accrue at the rate of
Appears in 1 contract
Samples: Builder Agreement
