Common use of EXTENT OF SECTION Clause in Contracts

EXTENT OF SECTION. 10.1 It is recorded that construction is not an exact science and that upon completion of the building it might be that the section is either slightly bigger or slightly smaller than the sizes as recorded in this agreement. 10.2 In this event the Purchaser shall only be able to claim compensation from the Seller if the section is more than 10% smaller than as recorded in this agreement. The Seller shall have no claim against the Purchaser if the section is greater in extent. 10.3 The parties agree that a difference of 10% or less in the extent of the section shall not amount to breach of the agreement by the Seller and the Purchaser shall have no claim for compensation for any such shortfall. 10.4 Should the section be smaller than agreed and should the difference in extent be greater than 10% the Purchaser shall not be entitled to cancel the agreement. The Purchaser shall however be entitled to a proportionate reduction of the purchase price, calculated in accordance with this clause. 10.5 The reduction in purchase price shall be calculated by first establishing the value, per square metre, of the unit by dividing the purchase price recorded in Schedule “A” by the extent of the section as recorded in the plans. 10.6 Secondly, the area by which the section is smaller in extent (“the missing square meterage”) shall be established. 10.7 The Seller shall be excused from paying compensation for the first 10% of missing square meterage, for which the Seller has been excused of liability as set out above. 10.8 The remaining missing square meterage shall then be multiplied by the price per square meter as established. The resulting amount shall then be deducted from the purchase price, or refunded to the Purchaser by the Seller. 10.9 The extent of the section and the missing square meterage shall be established by the Seller’s architect or his nominee, duly appointed in writing. 10.10 In the event of either party disputing the Seller’s architect’s determination of the missing square meterage, the measurement shall be carried out by an independent architect, as agreed upon by the Parties, and whose decision shall be final. The costs in this regard shall be borne by the disputing party.

EXTENT OF SECTION. 10.1 It is recorded that construction is not an exact science and that upon completion of the building it might be that the section is either slightly bigger or slightly smaller than the sizes as recorded in this agreement. 10.2 In this event the Purchaser shall only be able to claim compensation from the Seller if the section is more than 10% smaller than as recorded in this agreement. The Seller shall have no claim against the Purchaser if the section is greater in extent. 10.3 The parties agree that a difference of 10% or less in the extent of the section shall not amount to breach of the agreement by the Seller and the Purchaser shall have no claim for compensation for any such shortfall. 10.4 Should the section be smaller than agreed and should the difference in extent be greater than 10% the Purchaser shall not be entitled to cancel the agreement. The Purchaser shall however be entitled to a proportionate reduction of the purchase price, calculated in accordance with this clause. 10.5 The reduction in purchase price shall be calculated by first establishing the value, per square metre, of the unit by dividing the purchase price recorded in Schedule “A” by the extent of the section as recorded in the plans. 10.6 Secondly, the area by which the section is smaller in extent (“the missing square meterage”) shall be established. 10.7 The Seller shall be excused from paying compensation for the first 10% of missing square meterage, for which the Seller has been excused of liability as set out above. 10.8 The remaining missing square meterage shall then be multiplied by the price per square meter as established. The resulting amount shall then be deducted from the purchase price, or refunded to the Purchaser by the Seller. 10.9 The extent of the section and the missing square meterage shall be established by the Seller’s architect or his nominee, duly appointed in writing. 10.10 In the event of either party disputing the Seller’s architect’s determination of the missing square meterage, the measurement shall be carried out by an independent architect, as agreed upon by the Parties, and architect whose decision shall be final. The costs in this regard shall be borne by the disputing party.

EXTENT OF SECTION. 10.1 10.1. It is recorded that construction building is not an exact science and that upon completion of the building it might be that the section is either slightly bigger or slightly smaller than the sizes as recorded in this agreement. 10.2 10.2. In this event the Purchaser shall only be able to claim compensation from the Seller if the section is more than 105% smaller than as recorded in this agreement. The Seller shall have no claim against the Purchaser if the section is greater in extent. 10.3 10.3. The parties agree that a difference of 105% or less in the extent of the section shall not amount to a breach of the agreement by the Seller and the Purchaser shall have no claim for compensation for any such shortfall. 10.4 10.4. Should the section be smaller than agreed and should the difference in extent be greater than 105% the Purchaser shall not be entitled to cancel the agreement. The Purchaser shall however be entitled to a proportionate reduction of the purchase price, calculated in accordance with this clause. 10.5 10.5. The reduction in purchase price shall be calculated by first establishing the value, per square metremeter, of the unit by dividing the purchase price recorded in Schedule “A” by the extent of the section as recorded in the plans. 10.6 10.6. Secondly, the area by which the section is smaller less in extent (“the missing square meterage”) shall be established. 10.7 10.7. The Seller shall be excused from paying compensation conceding a reduction for the first 105% of missing square meterage, for which the Seller has been excused of liability as set out above. 10.8 10.8. The remaining missing square meterage shall then be multiplied by the price per square meter as established. The resulting amount shall then be deducted from the purchase price, or refunded to the Purchaser by the Seller. 10.9 10.9. The extent of the section and the missing square meterage shall be established by the Seller’s architect Surveyor who prepared the sectional title plans or his nominee, duly appointed in writing. 10.10 In the event of either party disputing the Seller’s architect’s determination of the missing square meterage, the measurement shall be carried out by an independent architect, as agreed upon by the Parties, and whose decision shall be final. The costs in this regard shall be borne by the disputing party.

EXTENT OF SECTION. 10.1 It is recorded that construction building is not an exact science and that upon completion of the building it might be that the section is either slightly bigger or slightly smaller than the sizes as recorded in this agreement. 10.2 In this event the Purchaser shall only be able to claim compensation from the Seller if the section is more than 105% smaller than as recorded in this agreement. The Seller shall have no claim against the Purchaser if the section is greater in extent. 10.3 The parties agree that a difference of 105% or less in the extent of the section shall not amount to a breach of the agreement by the Seller and the Purchaser shall have no claim for compensation for any such shortfall. 10.4 Should the section be smaller than agreed and should the difference in extent be greater than 105% the Purchaser shall not be entitled to cancel the agreement. The Purchaser shall however be entitled to a proportionate reduction of the purchase price, calculated in accordance with this clause. 10.5 The reduction in purchase price shall be calculated by first establishing the value, per square metremeter, of the unit by dividing the purchase price recorded in Schedule “A” by the extent of the section as recorded in the plans. 10.6 Secondly, the area by which the section is smaller less in extent (“the missing square meterage”) shall be established. 10.7 The Seller shall be excused from paying compensation conceding a reduction for the first 105% of missing square meterage, for which the Seller has been excused of liability as set out above. 10.8 The remaining missing square meterage shall then be multiplied by the price per square meter as established. The resulting amount shall then be deducted from the purchase price, or refunded to the Purchaser by the Seller. 10.9 The extent of the section and the missing square meterage shall be established by the Seller’s architect Surveyor who prepared the sectional title plans or his nominee, duly appointed in writing. 10.10 In the event of either party disputing the Seller’s architect’s determination of the missing square meterage, the measurement shall be carried out by an independent architect, as agreed upon by the Parties, and whose decision shall be final. The costs in this regard shall be borne by the disputing party.

EXTENT OF SECTION. 10.1 It is recorded that construction building is not an exact science and that upon completion of the building it might be that the section is either slightly bigger or slightly smaller than the sizes as recorded in this agreement. 10.2 In this event the Purchaser shall only be able to claim compensation from the Seller if the section is more than 105% smaller than as recorded in this agreement. The Seller shall have no claim against the Purchaser if the section is greater in extent. 10.3 The parties agree that a difference of 105% or less in the extent of the section shall not amount to a breach of the agreement by the Seller and the Purchaser shall have no claim for compensation for any such shortfall. 10.4 Should the section be smaller than agreed and should the difference in extent be greater than 105% the Purchaser shall not be entitled to cancel the agreement. The Purchaser shall however be entitled to a proportionate reduction of the purchase price, calculated in accordance with this clause. 10.5 The reduction in purchase price shall be calculated by first establishing the value, per square metremeter, of the unit by dividing the purchase price recorded in Schedule “A” by the extent of the section as recorded in the plans. 10.6 Secondly, the area by which the section is smaller less in extent (“the missing square meterage”) shall be established. 10.7 The Seller shall be excused from paying compensation conceding a reduction for the first 105% of missing square meterage, for which the Seller has been excused of liability as set out above. 10.8 The remaining missing square meterage shall then be multiplied by the price per square meter as established. The resulting amount shall then be deducted from the purchase price, or refunded to the Purchaser by the Seller. 10.9 The extent of the section and the missing square meterage shall be established by the Seller’s architect Surveyor who prepared the sectional title plans or his nominee, duly xxxx appointed in writing. 10.10 In the event of either party disputing the Seller’s architect’s determination of the missing square meterage, the measurement shall be carried out by an independent architect, as agreed upon by the Parties, and whose decision shall be final. The costs in this regard shall be borne by the disputing party.