Common use of EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM Clause in Contracts

EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM. If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, however, the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make said premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (30) days.. Should SELLER need the additional thirty (30) days to remove any defects in title or to deliver possession as provided herein, or to make the Premises conform to the provisions of this Purchase and Sale Agreement, the extension shall only be in force for as long as BUYER’S mortgage commitment is in full force and effect under the original terms granted to the BUYER or as extended so long as BUYER notifies Seller on or before April 1, 2011 of Buyer’s mortgage rate commitment expiration date. Moreover, Buyer agrees to use diligent efforts to extend the mortgage commitment. In the event that Buyer cannot extend said commitment without a fee and Seller does not agree to pay same, then it shall be at Buyer’s option whether or not to proceed beyond the original commitment date. Further, the SELLER shall not be required to expend more than $10,000.00, exclusive of liens or encumbrances on the Premises, to make the Premises conform to the provisions of this paragraph.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (New England Realty Associates Limited Partnership), Purchase and Sale Agreement (New England Realty Associates Limited Partnership), Purchase and Sale Agreement (New England Realty Associates Limited Partnership)

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EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM. If Exclusive of construction issues (SELLER’S failure to complete construction), if the SELLER shall be is unable to give title or to make conveyance, or to deliver possession of the premises, all Unit as herein stipulated, or if at the time of the delivery of the deed the premises do Unit does not conform with the provisions hereof, however, hereof then the SELLER shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises Unit conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (30) up to 30 days.. Should SELLER need the additional thirty (30) days to remove any defects in title or to deliver possession as provided herein; provided, or to make the Premises conform to the provisions of this Purchase and Sale Agreementhowever, the that at BUYER’S option no such extension shall only be in force for as long as allowed unless the BUYER can obtain an extension of BUYER’S mortgage commitment is in full force on substantially the same, or better, rates, terms and effect under conditions as originally committed to by the original terms granted to BUYER’S lender through the BUYER or as extended so long as BUYER notifies Seller on or before April 1, 2011 of Buyer’s mortgage rate commitment expiration closing date. Moreover, Buyer agrees to use diligent efforts to extend the mortgage commitment. In the event that Buyer If BUYER cannot extend said commitment without a fee and Seller does not agree to pay sameobtain an extension, then it shall be at Buyer’s option whether BUYER may withdraw from this Agreement, and will receive all deposits back 80 XXXXXXX AVENUE CONDOMINIUM PURCHASE & SALE AGREEMENT except any deposits for design changes or not to proceed beyond the original commitment datecustom extras. Further, the The SELLER shall not be required obligated to expend incur expenses of more than $10,000.002,500.00 to comply with this provision, exclusive of liens or encumbrances on the Premises, to make the Premises conform to the provisions of this paragraphexcluding construction costs and other pecuniary encumbrances.

Appears in 1 contract

Samples: www.80webster.com

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