Common use of Electronic Settlement Clause in Contracts

Electronic Settlement. (1) Clauses 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer will be taken to have complied with: (a) clause 2.5(3)(c),(e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(1)(b), 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e2.5(3)(c), (e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (fe) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d5.3(1)(c)) in escrow on the terms contained in the QLS E-E- Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(1)(b), 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), and (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d5.3(1)(c)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(1)(b), 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s 's Solicitor in the Financial Settlement Schedule satisfies the Buyer’s 's obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e2.5(3)(c), (e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s 's Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d5.3(1)(c)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s 's Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s 's Solicitor in the Financial Settlement Schedule satisfies the Buyer’s 's obligation in clause 2.5(1). (3) The Seller and Buyer will be taken to have complied with: (a) clause 2.5(3)(c),(e2.5(3)(c), (e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s 's Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.Solicitors

Electronic Settlement. (1) Clauses 5.1(1)(b), 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d5.3(1)(c)) in escrow on the terms contained in the QLS E-Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.

Electronic Settlement. (1) Clauses 5.1(1)(b), 5.1(2) and 5.2 do not apply. (2) Payment of the Balance Purchase Price electronically as directed by the Seller’s Solicitor in the Financial Settlement Schedule satisfies the Buyer’s obligation in clause 2.5(1). (3) The Seller and Buyer Xxxxx will be taken to have complied with: (a) clause 2.5(3)(c),(e2.5(3)(c), (e) and (f); and (b) clause 2.5(5)(d) and (e), (as applicable) if at settlement the Financial Settlement Schedule specifies payment of the relevant amount to the account nominated by the Commissioner of Taxation. (4) The Seller will be taken to have complied with clause 5.3(1)(b), (c), (d), (e) and (f) if: (a) in relation to documents which are suitable for Electronic Lodgement in the Land Registry at settlement, the documents are Digitally Signed within the Electronic Workspace; and (b) in relation to any other document or thing, the Seller’s Solicitor: (i) confirms in writing prior to settlement that it holds all relevant documents which are not suitable for Electronic Lodgement and all Keys (if requested under clause 5.3(1)(d5.3(1)(c)) in escrow on the terms contained in the QLS E-E- Conveyancing Guidelines; and (ii) gives a written undertaking to send the documents and Keys (if applicable) to the Buyer or Buyer’s Solicitor no later than the Business Day after settlement; and (iii) if requested by the Buyer, provides copies of documents in the Seller’s Solicitors possession. (5) A party is not in default to the extent it is prevented from complying with an obligation because the other party or the other party’s Financial Institution has not done something in the Electronic Workspace. (6) Any rights under the contract or at law to terminate the contract may not be exercised during the time the Electronic Workspace is locked for Electronic Settlement. (7) Electronic Settlement is taken to occur when Financial Settlement is effected, whether or not Electronic Lodgement has occurred.