EXTRAS. Extras are any changes in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price of the home. Buyer agrees that any request for Extras will be set forth in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer and Seller. Buyer acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer agrees to allow Seller adequate lead-time to schedule any Extras into the normal building sequence. Buyer agrees Seller has the right to refuse to make changes or install Extras. Buyer agrees to pay Seller for the performance of work in the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid in the Change Order. In the event the appraised value is less than the purchase price, Buyer agrees to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two or more persons, the undersigned hereby give a reciprocal Limited Power of Attorney to the other respective person(s) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said document.
Appears in 6 contracts
Samples: New Construction Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
EXTRAS. Extras are any changes in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price of the home. Buyer Xxxxx agrees that any request for Extras will be set forth in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer Xxxxx and Seller. Buyer Xxxxx acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer Xxxxx agrees to allow Seller Xxxxxx adequate lead-time to schedule any Extras into the normal building sequence. Buyer Xxxxx agrees Seller has the right to refuse to make changes or install Extras. Buyer Xxxxx agrees to pay Seller for the performance of work in the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER XXXXX FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is BuyerXxxxx’s responsibility to deliver any Change Order to BuyerXxxxx’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid in the Change Order. In the event the appraised value is less than the purchase price, Buyer Xxxxx agrees to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two or more persons, the undersigned hereby give a reciprocal Limited Power of Attorney to the other respective person(s) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said document.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
EXTRAS. Extras are The Purchaser covenants and agrees that he shall pay to the Vendor in advance for all extras, upgrades or changes ordered by the Purchaser at the time such order is made and the Purchaser further acknowledges and agrees that such payment is non refundable in the event that his transaction is not completed for any reason whatsoever. If any amount payable for extras, upgrades or changes in materials, and/or additions, and/or changes is owing to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price Vendor as of the homeClosing Date, such amount shall be paid by the Purchaser in full on the Closing Date as an adjustment on closing. Buyer Notwithstanding anything herein contained to the contrary, the Purchaser acknowledges and agrees that if, upon Closing, any request for Extras of the extras, upgrades or changes ordered by the Purchaser remain incomplete in whole or in part or if the Vendor shall, in its sole discretion, determine that it will be set forth in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer and Seller. Buyer acknowledges no subcontractornot provide extras, xxxxxxx upgrades or vendor has authority to agree on behalf of Seller to any Change Order. Buyer agrees to allow Seller adequate lead-time to schedule any Extras into the normal building sequence. Buyer agrees Seller has the right to refuse to make changes or install Extras. Buyer agrees cannot complete the extras, upgrades or changes then there shall be refunded to pay Seller for the performance Purchaser upon Closing that portion of work in the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid by the Purchaser in connection with such extras, upgrades or changes allocated to those extras, upgrades or changes which remain incomplete in whole or in part as aforesaid, as determined by the Vendor. The Purchaser further acknowledges and agrees that the amount so paid to the Purchaser (or for which, in the Change Orderalternative, the Purchaser receives credit in the statement of adjustments) shall be accepted by the Purchaser as full and final settlement of any claim by the Purchaser with respect to the extras, upgrades or changes which remain incomplete as aforesaid. The Purchaser further acknowledges that the Vendor's liability with respect to such incomplete extras, upgrades or changes shall be limited to the return of the amounts referred to aforesaid and, thereafter, there shall be no further liability upon the Vendor in connection with such incomplete extras, upgrades or changes and upon such payment being made or credit being given, the Vendor shall be deemed to have been released from any and all obligations, claims or demands whatsoever with respect to such incomplete extras, upgrades or changes. In the event the appraised value is less than Purchaser neglects to advise the purchase priceVendor forthwith upon request as to the Purchaser's selection of finishing specifications, Buyer agrees to pay or orders any extras, upgrades in interior finishing, or performs any work in or about the purchase price of Property. By initialing Dwelling which causes delay in the boxes below and signing this Agreement, if “Buyer” consists of two or more personsVendor's construction operations, the undersigned hereby give a reciprocal Limited Power Vendor may require the Purchaser to complete this transaction on the Closing Date herein set out without holdback of Attorney any part of the Purchase Price, on the Vendor's undertaking to complete any of the other respective person(s) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said documentVendor's outstanding work.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
EXTRAS. Extras are any changes in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price of the home. Buyer agrees that any request for Extras will be set forth in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer and Seller. Buyer acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer agrees to allow Seller adequate lead-time to schedule any Extras into the normal building sequence. Buyer agrees Seller has the right to refuse to make changes or install Extras. Buyer Purchaser agrees to pay Seller in advance, or if consented to in writing by the Vendor, at time of closing, for all extras, upgrades or changes specifically ordered by the performance Purchaser and acknowledges and agrees that such payment shall be non-refundable in the event that the transaction is not completed as a result of the default of the Purchaser. If the Purchaser neglects to advise the Vendor forthwith upon request as to the Purchaser's selection of finishing specifications, or orders any extras or upgrades in interior finishing, or performs any work in or about the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid Dwelling which causes delay in the Change OrderVendor's construction operations, the Purchaser agrees to complete the transaction on the closing date herein set out without holdback of any part of the Purchase Price, on the Vendor's undertaking to complete any of the Vendor's outstanding work. In the event the appraised value is less than extras, upgrades or changes ordered by the purchase price, Buyer agrees Purchaser are not available to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two Vendor for any reason whatsoever or more personscannot be or have not been installed for any reason whatsoever, the undersigned hereby give Vendor shall return any monies paid for such extras, upgrades or changes (as a reciprocal Limited Power credit on the statement of Attorney adjustments) and the Vendor shall be relieved of all liability to install such extras, upgrades or make such changes. In the event the lot grading condition requires the House to be constructed with a walkout basement notwithstanding that the original documentation does not show a walkout basement, the cost of such walkout basement in the sum of $20,000 shall be deemed to be an extra to the other respective person(s) Purchase Price and shall be shown as a credit to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution Vendor on the Statement of said documentAdjustments.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale
EXTRAS. SAMPLE
(a) The Purchaser covenants and agrees to pay for all Extras in advance or, if consented to in writing by the Vendor, at time of Closing.
(b) Where any Extras so ordered or requested (as evidenced by an order upgrade selection form, amendment to agreement of purchase and sale or otherwise) are omitted, not available to the Vendor for any changes reason whatsoever, or cannot be installed in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price sole discretion of the homeVendor, on a timely basis, then the Vendor, without notice to the Purchaser, shall be permitted to refund to the Purchaser any monies actually paid for such Extras and the Purchaser shall thereafter have no recourse, action or claim whatsoever against the Vendor. Buyer The Purchaser covenants and agrees that the Vendor shall not be liable to the Purchaser for any liability, obligation or claim whatsoever arising from or relating, directly or indirectly, to the Vendor’s exercise of its rights pursuant to this paragraph and the Purchaser forever releases and discharges the Vendor from any such liability, obligation or claim.
(c) If the Purchaser neglects to advise the Vendor forthwith upon request for Extras will be set forth as to the Purchaser's selection of finishing specifications or orders any Extras, or the Purchaser’s contractor who is authorized by the Vendor to performs any work in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer and Seller. Buyer acknowledges no subcontractoror about the Dwelling which delays the Vendor's construction operations, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer the Purchaser agrees to allow Seller adequate lead-time complete the transaction on the Closing Date herein set out without holdback of any part of the Purchase Price on the Vendor's undertaking to schedule complete any of the Vendor's outstanding work.
(d) The Purchaser further acknowledges and agrees that where the Purchaser desires to make or has made any selections that are Extras into to the normal building sequenceDwelling, the Vendor may refuse, in its sole discretion, to process, permit, install or complete same where the Purchaser fails to pay any sum due or owing for such extras, upgrades or changes, including any deposit required for same, or is otherwise in default of any term of this Agreement. Buyer agrees Seller has In such a situation, the Vendor shall have the right to refuse to make changes or install Extras. Buyer agrees to pay Seller for proceed with construction of the performance of work in the Change Order Dwelling in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under standard specifications in this Agreement and the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller Purchaser shall not be responsible if appraised value does not reflect the amount paid in the Change Order. In the event the appraised value is less than complete the purchase priceof the Real Property in accordance with this Agreement and the Purchaser shall have no recourse, Buyer action or claim whatsoever against the Vendor.
(e) All selections and all Extras must be ordered through the Vendor and paid to the Vendor unless the Vendor has authorized in writing that the selection or such Extras may be made directly with an authorized supplier or a third party where the Vendor has given written permission to the third party to supply and/or install prior to the Closing Date. The Purchaser covenants and agrees that they will not, in any circumstances, either personally or by their agent, servant or authorized representative, perform or have performed any work of any nature or kind whatsoever on the Real Property or interfere with the work being done on the Real Property or within the subdivision, prior to the registration of a Transfer/Deed of Land to the Purchaser. The Purchaser hereby acknowledges and agrees to pay having been advised that the purchase price Vendor’s sales representatives and construction site employees do not have the authority to waive the requirements of Property. By initialing this paragraph nor do the boxes below Vendor’s sales representatives and signing construction site employees have the authority to authorize any work contrary to this Agreement, if “Buyer” consists of two or more persons, paragraph and the undersigned hereby give a reciprocal Limited Power of Attorney Purchaser must at all times prior to the other respective person(s) registration of a Transfer/Deed of Land of the Real Property to grant him the Purchaser receive the written authorization or her full power and authority to execute any modificationwaiver from a duly authorized signing officer of the Vendor, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said documentVendor’s décor centre or head office.
Appears in 1 contract
Samples: Agreement of Purchase and Sale
EXTRAS. Extras are any changes in materials, and/or additions, and/or changes to Property. An example of a change in material is All additional items for or deviations from the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price fit-out of the homePremises as set forth as Landlord’s Building Standard Work shall be deemed “Extras” which shall be installed by contractors selected by Landlord at Tenant’s sole cost and expense. Buyer agrees Tenant hereby acknowledges that any request for Extras will the Construction Drawings are and shall be completed and issued on an accelerated basis to facilitate issuance of permits and commencement of construction as soon as possible in order to meet the Premises delivery date set forth in writing the Lease. In order to avoid delay in delivery of the Premises to Tenant for occupancy, Tenant shall, within ten (10) days of the date of this Work Letter, provide to Landlord a list of all Extras that Tenant requests to have Landlord include in Landlord’s Work which are not specified in the Construction Drawings. Upon receipt of Tenant’s notification, Landlord will provide Tenant with a price for each of Tenant’s desired Extras and an estimated number of additional days needed to obtain, construct and/or install such Extras. Certain Extras may be deemed by Landlord to be a “Delay Item” which such Delay Item shall be in addition to any other Delay Item set forth in Section 2 above. Landlord shall promptly notify Tenant whether an Extra is deemed a “Delay Item”. Tenant may, within two (2) business days of receipt of Landlord’s notice elect to (i) withdraw the Extra selected, (ii) select an alternate which is not a Delay Item if available, or (iii) request that Landlord proceed with the selected extra which is a Delay Item and the number of additional days needed to obtain, construct and/or install such Extras shall be added to the dates set forth in Sections 2.05 and 2.06 of the Lease on a form prepared day for day basis. In the event that Tenant fails to respond to Landlord’s Delay Item notice, Tenant shall be deemed to have selected to proceed with the selected extra under (iii) in the preceding sentence. Tenant shall within two (2) business days notify Landlord of what Extras it will elect. All Extras shall be deemed Additional Rent, including all costs incurred to amend the Construction Drawings, permits and approvals, if any. If Landlord and Tenant agree that any Extras can be installed in the Premises after the Premises have been delivered to Tenant under Section 2.05, then Landlord’s Work will proceed as originally planned and the Extras shall be installed by Seller entitled Change Order Landlord within a commercially reasonable period after delivery of the Premises to Tenant. Tenant is requiring that Landlord undertake construction of the Premises using “prevailing wage” labor and Sales Agreement Amendment (in compliance with NJEDA Affirmative Action goals. Landlord’s Work is based on “Change Order”)open shop” labor rates and without NJEDA Affirmative Action goals. The Change Order must costs of “prevailing wage” labor over “open shop” labor for all of Landlord’s Work, the cost, if any, for compliance with NJEDA Affirmative Action goals, construction of Tenant Design and Specifications, Extras and Tenant’s Work shall be signed by Buyer and Seller. Buyer acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer agrees to allow Seller adequate lead-time to schedule any Extras into the normal building sequence. Buyer agrees Seller has the right to refuse to make changes or install deemed Extras. Buyer agrees All costs for administration of “prevailing wage” labor shall be deemed Extras. All costs to pay Seller Landlord for use of green building materials required by Tenant to comply with Tenant’s Grow NJ tax incentive or otherwise required for construction projects undertaken with NJEDA financial assistance, if any, shall be deemed Extras. Extras shall be subject to the performance of work in the Change Order following:
A. Landlord shall cause its contractors to construct Extras in accordance with the SellerConstruction Drawings.
B. Tenant’s architect shall design Extras at Tenant’s sole cost and expense and shall deliver to Landlord’s architect architectural files in AutoCad or such other format reasonably requested by Landlord to allow Landlord’s architect to make any required amendments to the architectural drawings issued for permitting.
C. All costs presented to Tenant for payment policyshall be first reviewed for reasonableness, clarity and completeness by Landlord and shall be substantiated with cost back up material. Buyer acknowledges there Costs will then be fairly evaluated by Tenant. In no case shall Tenant be required to pay more than market rates for labor or material based on Prevailing Wage Labor rates except as may be required for Landlord’s contractor to comply with NJEDA Affirmative Action goals.
D. Landlord will provide and pay for all site utilities (electrical, water, elevator usage, etc.) during the construction of the Premises at no cost to Tenant.
E. Landlord’s contractors shall install or, at Tenant’s option, shall cooperate with Tenant’s contractors to allow the installation of, all at Tenant’s cost and expense, data, telephone, cabling and other wiring for Tenant’s voice, data and audio-visual needs at the Premises, all which shall be deemed Extras.
F. Tenant’s contractors shall install, at Tenant’s cost and expense, all Tenant furniture, which installation shall include connections for all electric, data, telephone, cabling and other wiring desired by Tenant for such furniture. Landlord shall leave electrical “whips” at locations designated by Tenant and incorporated into the Construction Drawings.
G. Except as otherwise set forth herein, the cost of change orders for Extras shall be limited to items that are confirmed by Tenant in writing. No change orders will be no refunds charged to Tenant for any work that was not a result of payments made a specific written change request.
H. Tenant acknowledges that Landlord’s cost of construction and construction management will increase by Buyer under virtue of the Change Order. Seller may not accept any Extras request within forty-five (45) days requirement to use prevailing wage Labor Rates and compliance with NJEDA Affirmative Action goals as a result of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is BuyerTenant’s responsibility to deliver any Change Order to Buyer’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid participation in the Change OrderGrow NJ tax incentive program or as otherwise may be required for construction projects undertaken with NJEDA financial assistance. In Tenant shall pay to Landlord in accordance with the event procedures set forth in Section 4 of this Work Letter, the appraised value costs attributable to Prevailing Wage Labor rates and NJEDA Affirmative Action goals compliance to be used for Landlord’s Work (which with respect to Landlord’s Building Standard Work is agreed to be $1,152,000 and $50,000 for Prevailing Wage Labor administration which amounts shall be deemed as Additional Rent. If additional prevailing wage labor rates are charged to Landlord by any contractor over and above the amounts set forth herein, including without limitation as a result of Tenant requesting that any contractor work overtime hours, Tenant shall pay such additional amounts to Landlord in accordance with the procedures set forth in Section 4 of this Work Letter and upon the receipt of Landlord’s invoice for such additional costs.
I. Certain Extras are identified as Extras in Tenant Designs and Specifications. Not shown as Extras on Tenant Designs and Specifications but which shall be deemed Extras are selective HVAC upgrades to provide separate heat pumps for corner offices, conference rooms, Town Hall room and CEO suite. Tenant shall pay Landlord for the cost of Extras in accordance with the procedures set forth in Section 4 of this Work Letter, all such amounts to be deemed Additional Rent. Upon completion of the Construction Drawings and Tenant Designs and Specifications necessary to construct the Premises and Extras as set forth herein, Landlord shall cause its general contractor to obtain bids from not less than the purchase price, Buyer agrees three (3) subcontractors for each trade respecting Extras and shall provide Tenant with copies of all such bids. Landlord’s general contractor shall be entitled to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two or more persons, the undersigned hereby give a reciprocal Limited Power of Attorney add to the other respective person(ssum total of the lowest of all such subcontractor bids for Extras a fee of five percent (5%) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said document.for overhead plus five percent
Appears in 1 contract
EXTRAS. Extras are any changes in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price of the home. Buyer Xxxxx agrees that any request for Extras will be set forth in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer Xxxxx and Seller. Buyer Xxxxx acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer Xxxxx agrees to allow Seller Xxxxxx adequate lead-time to schedule any Extras into the normal building sequence. Buyer Xxxxx agrees Seller has the right to refuse to make changes or install Extras. Buyer Xxxxx agrees to pay Seller for the performance of work in the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER XXXXX FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is BuyerXxxxx’s responsibility to deliver any Change Order to BuyerXxxxx’s lender. Seller shall not be responsible if appraised value does not reflect the amount paid in the Change Order. In the event the appraised value is less than the purchase price, Buyer agrees to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two or more persons, the undersigned hereby give a reciprocal Limited Power of Attorney to the other respective person(s) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said document.
Appears in 1 contract
Samples: Purchase and Sale Agreement
EXTRAS. (a) The Purchaser covenants and agrees to pay for all Extras in advance or, if consented to in writing by the Vendor, at time of Closing. SAMPLE AGREEMENT
(b) Where any Extras so ordered or requested (as evidenced by an order upgrade selection form, amendment to agreement of purchase and sale or otherwise) are omitted, not available to the Vendor for any changes reason whatsoever, or cannot be installed in materials, and/or additions, and/or changes to Property. An example of a change in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price sole discretion of the homeVendor, on a timely basis, then the Vendor, without notice to the Purchaser, shall be permitted to refund to the Purchaser any monies actually paid for such Extras and the Purchaser shall thereafter have no recourse, action or claim whatsoever against the Vendor. Buyer The Purchaser covenants and agrees that the Vendor shall not be liable to the Purchaser for any liability, obligation or claim whatsoever arising from or relating, directly or indirectly, to the Vendor’s exercise of its rights pursuant to this paragraph and the Purchaser forever releases and discharges the Vendor from any such liability, obligation or claim.
(c) If the Purchaser neglects to advise the Vendor forthwith upon request for Extras will be set forth as to the Purchaser's selection of finishing specifications or orders any Extras, or the Purchaser’s contractor who is authorized by the Vendor to performs any work in writing on a form prepared by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must be signed by Buyer and Seller. Buyer acknowledges no subcontractoror about the Dwelling which delays the Vendor's construction operations, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer the Purchaser agrees to allow Seller adequate lead-time complete the transaction on the Closing Date herein set out without holdback of any part of the Purchase Price on the Vendor's undertaking to schedule complete any of the Vendor's outstanding work.
(d) The Purchaser further acknowledges and agrees that where the Purchaser desires to make or has made any selections that are Extras into to the normal building sequenceDwelling, the Vendor may refuse, in its sole discretion, to process, permit, install or complete same where the Purchaser fails to pay any sum due or owing for such extras, upgrades or changes, including any deposit required for same, or is otherwise in default of any term of this Agreement. Buyer agrees Seller has In such a situation, the Vendor shall have the right to refuse to make changes or install Extras. Buyer agrees to pay Seller for proceed with construction of the performance of work in the Change Order Dwelling in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under standard specifications in this Agreement and the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller Purchaser shall not be responsible if appraised value does not reflect the amount paid in the Change Order. In the event the appraised value is less than complete the purchase priceof the Real Property in accordance with this Agreement and the Purchaser shall have no recourse, Buyer action or claim whatsoever against the Vendor.
(e) All selections and all Extras must be ordered through the Vendor and paid to the Vendor unless the Vendor has authorized in writing that the selection or such Extras may be made directly with an authorized supplier or a third party where the Vendor has given written permission to the third party to supply and/or install prior to the Closing Date. The Purchaser covenants and agrees that they will not, in any circumstances, either personally or by their agent, servant or authorized representative, perform or have performed any work of any nature or kind whatsoever on the Real Property or interfere with the work being done on the Real Property or within the subdivision, prior to the registration of a Transfer/Deed of Land to the Purchaser. The Purchaser hereby acknowledges and agrees to pay having been advised that the purchase price Vendor’s sales representatives and construction site employees do not have the authority to waive the requirements of Property. By initialing this paragraph nor do the boxes below Vendor’s sales representatives and signing construction site employees have the authority to authorize any work contrary to this Agreement, if “Buyer” consists of two or more persons, paragraph and the undersigned hereby give a reciprocal Limited Power of Attorney Purchaser must at all times prior to the other respective person(s) registration of a Transfer/Deed of Land of the Real Property to grant him the Purchaser receive the written authorization or her full power and authority to execute any modificationwaiver from a duly authorized signing officer of the Vendor, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present at the execution of said documentVendor’s décor centre or head office.
Appears in 1 contract
Samples: Agreement of Purchase and Sale
EXTRAS. As mentioned in Clause 1.2.2 of this Agreement, the Allottees has agreed to pay the following amount to the Promoter (Extras are & Deposits): Advance Maintenance Charges- This amount is payable towards advanceagainst maintenance charges for the said Rs /- Sinking Fund- This amount is payable as funds for future repairs replacement, improvements and developments in the said Project. This amount shall be and/or may be adjusted against any changes arrears in materialsmaintenance charges and/orapplicable taxes as the Promoter or the Association deem fit and proper. Rs /- Legal and Documentation Charges Rs /- Association Formation Charges Rs. 5,000/- Diesel Generator Power Backup- Generator charges for limited back up Rs /- Property tax deposit- This amount is payable against proportionate share of PropertyTax for the said Apartment for twelve months. Rs /- In case the Calcutta Electric Supply Company Limited (“CESC”) /any other electricity supply agency decides not to provide individual meters to the Building(s) and makes provision for a High Tension Supply or Bulk Supply, and/or additionsthe Promoter shall provide individual sub-meters to the Allottees upon payment by them of the proportionate security deposit payable to CESC any other electricity supply agency for such connection. The exact amount payable by the Allottees will be intimated to the Allottees before possession. The amount of security deposit would be subject to revision as may be so decided by CESC / any other electricity supply agency from time to time and all Allottees shall, and/or changes at all times, be liable to Propertyproportionately pay such revision/replenishment to CESC / any other electricity supply agency, as per the norms of CESC / any other electricity supply agency. An example In such a case the Allottees may be required to enter into a separate agreement with the Promoter for supply of electricity through sub meters. Provision will be made for the installation of Diesel Generator (“DG”) for power backup to run the basic facilities in the Project. In addition to that, DG back up facility will also be made available for every apartment. The Allottees will be required to pay DG usage charges on the basis of a change suitable mechanism as shall be devised by the Promoter /the Association, as the case may be. Payment of Total Consideration of Apartment, Total Tax and the Total Extras and Deposits prior to Possession: The Allottees agrees and covenants not to claim any right or possession over and in material is the substitution of hardwood flooring for carpet. An example of an addition is the addition of a covered porch. An example of a change in plan would be the moving of a wall. Extras almost always increase the price respect of the home. Buyer agrees that any request for Apartment till such time the Allottees has paid the entirety of the Total Consideration of Apartment, Total Tax and The Total Extras will and Deposits as mentioned in clause 1.2.1, 1.2.2 and 1.2.3 and Extras and all other amounts agreed to be set forth paid or deposited under this Agreement and has duly complied with and/or performed all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Allottees in writing on a form prepared pursuance of this Agreement or otherwise required by Seller entitled Change Order and Sales Agreement Amendment (“Change Order”). The Change Order must law, all of which shall be signed by Buyer and Seller. Buyer acknowledges no subcontractor, xxxxxxx or vendor has authority to agree on behalf of Seller to any Change Order. Buyer agrees to allow Seller adequate lead-time to schedule any Extras into conditions precedent without which the normal building sequence. Buyer agrees Seller has the right to refuse to make changes or install Extras. Buyer agrees to pay Seller for the performance of work in the Change Order in accordance with the Seller’s payment policy. Buyer acknowledges there will be no refunds of payments made by Buyer under the Change Order. Seller may not accept any Extras request within forty-five (45) days of closing. BUYER FURTHER ACKNOWLEDGES ANY WORK DONE ON THE HOME PURSUANT TO A CHANGE ORDER MAY NOT INCREASE THE APPRAISED VALUE OF THE PROPERTY. Buyer acknowledges it is Buyer’s responsibility to deliver any Change Order to Buyer’s lender. Seller Promoter shall not be responsible under any obligation to handover possession of the Apartment. ALL THAT piece and parcel of land measuring more or less 06 (Six) Kattahs 01 (One) Chittak 15 (Fifteen) Sqft. situate lying at and being premises Xx. 0000, Xxxxxxx, Xxxxxxx–700 094 commonly known as “EDEN IVORY” appertaining to R.S. Dag no.– 205 under R.S. Khatian no.113, X.X. No-25 in Mouza – Nayabad, Police Station – Purba Jadavpur, under Kolkata Municipal Corporation Xxxx No. 109, within the limit of District South 24 Parganas, West Bengal. ON THE NORTH : 16 ft. wide municipal Road. ON THE SOUTH : Part Land of R. S. Dag No. 200. ON THE EAST : 16 ft. wide municipal Road. having carpet area of square feet and Exclusive Balcony/Verandah/Open Terrace Area Or “EBVT Area”, if appraised value does not reflect the amount paid any, having area of square feet aggregating to a Net area of square feet, type , on floor in the Change Order. In Building (“Unit”) TOGETHER WITH right to park ONE small/medium sized motor car on the event ground floor of the appraised value is less than said premises to be specifically allotted and demarcated by the purchase price, Buyer agrees to pay the purchase price of Property. By initialing the boxes below and signing this Agreement, if “Buyer” consists of two or more persons, the undersigned hereby give a reciprocal Limited Power of Attorney to the other respective person(s) to grant him or her full power and authority to execute any modification, change order, amendment, alteration or correction whatsoever to this Agreement; hereby ratifying, confirming and binding myself to such acts as if I were personally present Vendor at the time of possession in the Ground floor, (“Garage”) now in course of construction on the said Land TOGETHER WITH the proportionate share in all common areas as permissible under law. Payment Schedule 1) On execution of said document.this of Agreement -- 20 %
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Samples: Sale Agreement