Common use of HST Clause in Contracts

HST. (a) The parties acknowledge that the Purchase Price includes the tax applicable to the within transaction commonly known as “HST” less the HST New Housing Rebate commonly available to purchasers of new homes for themselves or their relatives (the “HST New Housing Rebate”). Notwithstanding anything to the contrary in this Agreement, the Purchaser hereby irrevocably assigns to the Vendor the Purchaser’s right, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) The Purchaser warrants that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date and will not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy by the Purchaser; (c) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such difference; and (e) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoing.

HST. (ai) The Purchaser agrees to personally occupy the Dwelling as the Purchaser’s principal residence forthwith after Closing, and to allow the Vendor's inspectors or agents or representatives of Canada Revenue Agency access to the Dwelling at all reasonable hours until the Vendor has received all HST Rebates. In the event that the Purchaser does not personally occupy the Dwelling as the Purchaser’s principal residence and deliver on closing the necessary documents, evidence and affidavits required by the Vendor with respect to HST, then the Purchaser shall pay an amount on the Closing Date equal to such HST Rebate that would have been available had the Purchaser occupied the Dwelling as the Purchaser’s principal residence. (ii) With respect to the payment of federal goods and services tax and the Province of Ontario’s portion of any harmonized single sales tax (which federal and provincial harmonized single sales tax is called the "HST") and the rebate of HST (that is both the federal and provincial rebates) for new houses and whether in existence now or in the future (which aforesaid federal and provincial rebates are collectively called the "HST Rebate"), under the Excise Tax Act (Canada) as amended and the regulations thereunder (the "ETA"), the parties acknowledge agrees as follows: (A) The Vendor agrees that the Purchase Price includes is inclusive of HST (based on a 13% HST rate and net of the tax applicable HST Rebate) and that following Closing, the Vendor will pay and remit the HST (net of the HST Rebate), in accordance with the provisions of the ETA, subject to the within transaction commonly known Purchaser assigning to the Vendor (or as “HST” less the Vendor may otherwise direct, it being understood that the Vendor may be a trustee or nominee acting on behalf of any other company (or companies) or partnership (or partnerships) that are to receive the HST New Housing Rebate commonly available to purchasers of new homes for themselves or their relatives (the “HST New Housing RebateRebate Recipient”)) the HST Rebate, as hereinafter set out. Notwithstanding anything to the contrary in this Agreement, the The Purchaser hereby irrevocably assigns to the Vendor Purchaser or the Rebate Recipient, as applicable, all of the Purchaser’s right, title and interest in and benefit (now or to the HST Rebate including the Purchaser’s entitlement thereto, all in the future) respect of the HST New Housing Rebate;Real Property. (bB) The Purchaser warrants that agrees to comply with the Purchaser qualifies for ETA and with all other laws, regulations, rules and requirements relating to HST and HST Rebate and to do such acts and to complete and deliver to the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased Vendor before, on, or after Closing, as the Purchaser’s primary place Vendor may require or direct, such documents, certificates, declarations, instrument, applications and powers of residence and that attorney to enable the Purchaser will take possession and occupy Vendor or the Dwelling forthwith on the Occupancy Date and will not allow occupancy Rebate Recipient to obtain payment of the Dwelling by any other individual full amount of HST Rebate and in such form and content as the Vendor may require or direct, including, without limitation: (other than the Purchaser’s immediate family1) as a place of residence prior to occupancy prescribed new housing rebate application containing prescribed information executed by the Purchaser; (c2) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance a power of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such differenceattorney; and (e3) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the assignment of HST New Housing Rebate or authorization to the Vendor to complete such application on or the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoingRebate Recipient.

HST. (a) The parties acknowledge that the Purchase Price price as stated includes applicable HST at the tax applicable time of executing this Agreement and excludes ·the amounts of any applicable' new housing rebates in accordance with the Excise Tax Act (collectively, the "HST Rebates") ,which have been credited to the within transaction commonly known as “HST” less Purchaser in arriving at the Purchase Price. (b) The Purchaser acknowledges that the consideration shown in the Transfer of, the Property shall comprise the total base price for the Property, including the cost total options and upgrades added thereto and other amounts required to be added thereto by law, plus an amount equal to the amount of the HST New Housing Rebate commonly available to purchasers Rebates (which the Vendor shall receive by assignment from the Purchaser herein); but excluding all taxes (c) The Purchaser shall pay any increased HST or other governmental taxes applicable as a result of new homes an increase in the percentage of HST payable or resulting from the purchase of options, or upgrades following the Acceptance Date and such, further HST shall be issued as a Closing adjustment. If for themselves or their relatives any reason the Purchaser does not qualify for the HST Rebates the Purchaser shall Indemnify the Vendor (the “amount of such HST New Housing Rebate”Rebates by adjustment on Closing or, if the HST Rebate is rejected by CRA after closing, by payment of certified funds including interest on the amount of the HST Rebates calculated, from the Closing Date at the rate equivalent to five percent (5%). Notwithstanding anything to , per ·annum above the contrary in this Agreementprime (d) In consideration of the Purchase Price having already, accounted for the HST Rebates, the Purchaser hereby irrevocably assigns to the Vendor the Purchaser’s right, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) Rebate The Purchaser warrants that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date upon Closing and will not allow occupancy of the Dwelling by any other individual individual, (other than a relation of the Purchaser’s immediate familyPurchaser as defined in the HST legislation) as a place of residence prior prior. to occupancy by the Purchaser; (c) If for any reason , If, the Vendor is not satisfied, in good faith but in its sole and subjective discretion that the Purchaser does not qualify for will so occupy the Dwelling, the Vendor shall be entitled to request and collect the full amount of HST New Housing Rebate, then from the purchaser on Closing and the Purchaser shall be fully responsible and shall forthwith pay entitled to make its own Application to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus CRA for any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such difference; andRebates. (e) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, any and all such documents as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm confirming the foregoing warranties and agreements. For clarity, such documentation shall include agreement is including an application or applications in the manner and in the form accordance with HST legislation containing prescribed information required by the applicable taxing authority CRA for the HST New Housing Rebate or authorization Rebates, duly signed by all persons to the Vendor whom title is to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoingbe transferred.

HST. (a) The parties acknowledge Purchaser covenants and agrees that it will be responsible for and pay any HST payable in connection with the transaction contemplated hereunder. If HST is exigible on the transaction contemplated hereunder then, subject as is herein provided, it is the Vendor's obligation to collect the HST, and the Purchaser's obligation to pay the HST, on Closing. Notwithstanding the foregoing, the Vendor shall not collect the HST from the Purchaser in respect of the portion of the Purchase Price includes for which the tax applicable Purchaser is entitled to self-assess in accordance with the provisions of the Excise Tax Act (Canada) with respect to such HST, provided the Purchaser shall indemnify and save harmless the Vendor with respect to the within transaction commonly known as “HST” less the payment of HST New Housing Rebate commonly available to purchasers of new homes for themselves or their relatives (the “HST New Housing Rebate”). Notwithstanding anything to the contrary in this Agreement, the Purchaser hereby irrevocably assigns to the Vendor the Purchaser’s right, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) The Purchaser warrants provided further that the Purchaser qualifies for shall deliver, prior to Closing, its certificate confirming that (i) the Purchaser is a registrant under the Excise Tax Act (Canada), together with its HST New Housing Rebate if any registration number, (ii) such registered number is available. The Purchaser further warrants that in good standing and has not been varied or revoked, (iii) the Property is being purchased as the Purchaser’s primary place of residence and that by the Purchaser will take possession as principal for its own account and occupy the Dwelling forthwith on the Occupancy Date and will is not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy being purchased by the Purchaser as an agent, trustee or otherwise on behalf of or for another Purchaser; , (civ) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible liable for, shall self-assess and shall forthwith pay remit to the Vendor, appropriate Governmental Authority all HST payable in addition to the outstanding balance respect of the Purchase Pricetransaction contemplated herein; and (v) the Purchaser will indemnify and save harmless the Vendor and its shareholders, the directors, officers, employees, advisors and agents from any HST, penalty, interest or other amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed payable by or be assessed against the Vendor under the Excise Tax Act (Canada) as a result of or in connection with the Vendor’s failure to collect and remit any HST applicable on the Vendor by sale and conveyance of the applicable taxing authority; (d) If any change Purchased Assets to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such difference; and (e) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties . This Section shall survive and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application not merge on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoingClosing.

HST. The Purchaser and Vendor agree that the harmonized sales tax (athe "HST") The parties acknowledge that applies to this transaction and the Purchase Price includes the HST, net of the federal and Ontario new housing rebates or the like (collectively the "Rebate"). The Purchaser shall assign in a form required by the Vendor and/or by any of the Government of Canada, Government of Ontario and/or any other governmental and/or tax applicable authority (collectively, the "Government") to the within transaction commonly known Vendor all of its right, title and interest in the Rebate to which the Purchaser is entitled. In connection with such assignment, the Purchaser shall deliver to the Vendor, upon request by the Vendor, on or after the Closing Date, such application, documents and affidavits as “HST” less may be required by the HST New Housing Vendor and/or the Government to establish the Purchaser's entitlement to the Rebate. If the Purchaser is not entitled to the Rebate commonly available for any reason whatsoever or if the Rebate is reduced or withdrawn by the Government and not replaced with an amount equivalent to purchasers the amount of new homes the Rebate to which the Purchaser is entitled by the Government or if the Rebate is not or cannot be assigned to the Vendor or the Rebate is claimed and payment/credit of the Rebate to the Vendor is denied by the Government then, the Purchaser shall forthwith upon demand by the Vendor pay to the Vendor an amount equal to the Rebate or the amount so reduced or withdrawn and until so paid, the amount of the Rebate shall form a charge against the Property which charge shall be recoverable by the Vendor in the same manner as a mortgage in default. If the Vendor does not receive the full benefit of the Rebate for themselves any reason whatsoever, whether or their relatives not as a result of the Purchaser’s acts or omissions, the Purchaser shall indemnify and save the Vendor harmless in the amount that the Vendor would have been entitled to had such Rebate been received, together with all interest and penalties thereon, and all losses, costs, damages and liabilities which the Vendor may suffer, incur or be charged with in connection therewith, as a result of the Purchaser’s failure to qualify for the Rebate, or as a result of the Purchaser having qualified initially but being subsequently disentitled to the Rebate, or as a result of the inability to assign the benefit of the Rebate to the Vendor (or the “HST New Housing Rebate”ineffectiveness of the documents purporting to assign the benefit of the Rebate to the Vendor), which indemnity shall survive the Closing Date. Notwithstanding anything herein contained to the contrary contrary, the Vendor shall have the right to register a Vendor's Lien for the amount of the Rebate against the Property following the Closing Date to secure the Vendor's entitlement to the Rebate as herein provided. The Purchaser acknowledges and agrees that the Purchaser shall not be entitled to any refund, credit or abatement in any manner whatsoever should the HST, or any portion thereof, not apply to this Agreementtransaction for any reason whatsoever. The HST that is included in the Purchase Price is based on the federal portion and the provincial portion of the HST at the rates of 5% and 8%, respectively. If either or both of the rates increase, the Purchaser hereby irrevocably assigns shall be responsible for the increase and shall pay same as an adjustment on the Closing Date, and if either or both of the rates decrease, the Purchaser shall not be entitled to any abatement or reduction of the Vendor Purchase Price. Notwithstanding that the Purchase Price is inclusive of the HST net of the Rebate as aforesaid, the Purchaser, shall, at the Purchaser’s rightown cost and expense, interest and benefit (now or in be responsible for the future) payment of the HST New Housing Rebate; and all other taxes, value added taxes, sales taxes, use taxes or transfer taxes and any increases thereof which may be applicable (bcollectively the "Applicable Taxes") The Purchaser warrants on all closing adjustments and amounts payable for extras, changes, upgrades, fees and charges. If the Vendor believes, for whatever reason, that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date and will not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy by the Purchaser; (c) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, regardless of any documentation provided by or on behalf of the Purchaser (including any statutory declaration sworn by the Purchaser) to the contrary, and the Vendor’s belief or position on this matter is communicated to the Purchaser or the Purchaser’s solicitor on or before the Closing Date, then notwithstanding anything hereinbefore or hereinafter provided to the contrary, the Purchaser shall be fully responsible and shall forthwith obliged to pay to the VendorVendor (or to whomsoever the Vendor may in writing direct), as an adjustment on the Closing, an amount equivalent to the Rebate, in addition to the outstanding balance Purchase Price. In those circumstances where the Purchaser maintains that he or she is eligible for the Rebate despite the Vendor’s belief to the contrary, the Purchaser shall (after payment of the Purchase Priceamount equivalent to the Rebate as aforesaid) be fully entitled to file the rebate form directly with (and pursue the procurement of the Rebate directly from) the Canada Revenue Agency. The Purchaser acknowledges and agrees for any matter related to HST that is applicable to this transaction, including without limiting the generality of the foregoing, the amount of such rebate plus interest at Rebate, the Toronto-Dominion Bank’s prime rate of interest per annumVendor (or any party or parties comprising the Vendor, plus two per cent calculated from the Closing Date plus if applicable) or any fees, penalties or damages which other party as may be imposed on designated by the Vendor by the applicable taxing authority; (d) If any change may be a party to the amount such of the HST or documentation as may be required by the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the PropertyVendor under this Agreement, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then and the Purchaser shall be fully responsible acknowledges and shall forthwith pay agrees to assign the Rebate to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of Subdivider or such difference; and (e) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time party designated by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoing.

HST. (ai) The Purchaser agrees to personally occupy the Dwelling as the Purchaser’s principal residence forthwith after Closing, and to allow the Vendor's inspectors or agents or representatives of Canada Revenue Agency access to the Dwelling at all reasonable hours until the Vendor has received all HST Rebates. In the event that the Purchaser does not personally occupy the Dwelling as the Purchaser’s principal residence and deliver on closing the necessary documents, evidence and affidavits required by the Vendor with respect to HST, then the Purchaser shall pay an amount on the Closing Date equal to such HST Rebate that would have been available had the Purchaser occupied the Dwelling as the Purchaser’s principal residence. FOR REVIEW ONLY (ii) With respect to the payment of federal goods and services tax and the Province of Ontario’s portion of any harmonized single sales tax (which federal and provincial harmonized single sales tax is called the "HST") and the rebate of HST (that is both the federal and provincial rebates) for new houses and whether in existence now or in the future (which aforesaid federal and provincial rebates are collectively called the "HST Rebate"), under the Excise Tax Act (Canada) as amended and the regulations thereunder (the "ETA"), the parties acknowledge agrees as follows: (A) The Vendor agrees that the Purchase Price includes is inclusive of HST (based on a 13% HST rate and net of the tax HST Rebate) and that following Closing, the Vendor will pay and remit the HST (net of the HST Rebate), in accordance with the provisions of the ETA, subject to the Purchaser assigning to the Vendor (or as the Vendor may otherwise direct, it being understood that the Vendor may be a trustee or nominee acting on behalf of any other company (or companies) or partnership (or partnerships) that are to receive the HST Rebate (the “Rebate Recipient”)) the HST Rebate, as hereinafter set out. The Purchaser hereby assigns to the Purchaser or the Rebate Recipient, as applicable, all of the Purchaser’s right, title and interest in and to the HST Rebate including the Purchaser’s entitlement thereto, all in respect of the Real Property. (B) The Purchaser agrees to comply with the ETA and with all other laws, regulations, rules and requirements relating to HST and HST Rebate and to do such acts and to complete and deliver to the Vendor before, on, or after Closing, as the Vendor may require or direct, such documents, certificates, declarations, instrument, applications and powers of attorney to enable the Vendor or the Rebate Recipient to obtain payment of the full amount of HST Rebate and in such form and content as the Vendor may require or direct, including, without limitation: (1) a prescribed new housing rebate application containing prescribed information executed by the Purchaser; (2) a power of attorney; and (3) assignment of HST Rebate to the Vendor or the Rebate Recipient. In this regard, the Purchaser hereby irrevocably authorizes the Vendor to execute any application for the HST Rebate, to complete any incomplete, incorrect or missing information in any application for HST Rebate and make amendments with respect thereto. The Purchaser hereby constitutes and appoints the Vendor to be and act as the Purchaser’s lawful attorney, in the Purchaser’s name, place and stead, for the purpose of executing any application for HST Rebate and completing any incomplete, incorrect or missing information or making amendments to the application for HST Rebate, as aforesaid. (C) The Purchaser agrees to provide the Vendor with all information, identification, address verification and documentation required by the Vendor in connection with the registered and beneficial ownership of the Real Property and in connection with the occupancy of the Real Property or information, identification and address verification with respect to any other person in connection therewith. Such information, identification and address verification shall be by way of sworn statutory declaration in form and content required by the Vendor and to be delivered to the Vendor on or before Closing. (D) In the event that the Purchaser is not eligible for the HST Rebate or any part thereof, (whether determined before, on or after the Closing and FOR REVIEW ONLY notwithstanding that the price of the Real Property would qualify for a rebate) pursuant to the provisions of the ETA, then the Purchaser shall forthwith upon demand pay a sum equal to the HST Rebate that would have otherwise been applicable to the within transaction commonly known as “HST” less Real Property, to the Vendor and the Purchaser shall not be entitled to any credit for or with respect to the HST New Housing Rebate. The Purchaser hereby agrees that the amount of the HST Rebate commonly available (plus HST) to purchasers be paid by the Purchaser to the Vendor (or as it may direct) in accordance herewith shall be a charge against the Real Property in favour of new homes the Vendor, together with any interest, and secured by a lien (including a vendor's lien), charge or caution as the Vendor deems appropriate on and against the Real Property. (E) The Purchaser represents and warrants that the Purchaser qualifies for themselves the HST Rebate and confirms and agrees that the Vendor is relying upon such representation and warranty to the Vendor’s detriment. The Purchaser covenants and agrees that such representation and warranty shall be true and correct at Closing and shall not merge on Closing but shall continue thereafter. If the foregoing representation and warranty is not true and correct in all respects, then (in addition to the foregoing provisions of this paragraph 6(d)), the Purchaser hereby indemnifies and saves harmless the Vendor and the Rebate Recipient from and against all costs, expenses, actions, suits, causes of action, proceedings, damages and liabilities, which the Vendor or their relatives Rebate Recipient may sustain or incur, including without limiting the generality of the foregoing, any penalty, fine, interest, other charge, payment or expense whatsoever, which the Vendor and the Rebate Recipient may sustain, suffer or incur. (the “HST New Housing Rebate”). F) Notwithstanding anything contained to the contrary in this Agreement, the Vendor in the Vendor’s sole discretion may require that the Purchaser hereby irrevocably assigns apply directly for the HST Rebate after the Closing Date and in such event, the Purchaser shall pay to the Vendor in accordance with the Purchaser’s rightterms of this Agreement, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) The Purchaser warrants that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date and will not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy by the Purchaser; (c) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, (plus HST) in addition to the outstanding balance Purchase Price and the HST Rebate shall not be assigned by the Vendor to the Purchaser on Closing and shall not be credited by the Vendor to the Purchaser on the statement of adjustments. (iii) Notwithstanding any other provisions herein contained in this Agreement, the Purchaser acknowledges and agrees that the Purchase PricePrice does not include any HST exigible with respect to any adjustments payable by the Purchaser pursuant to this Agreement and for any extras or upgrades purchased, ordered or chosen by the amount of such difference; and (e) The Purchaser from the Vendor which are not specifically set forth in this Agreement and the Purchaser covenants and agrees to execute and deliver on pay such HST to the Closing Date (or otherwise, Vendor as requested from time to time so directed by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoing.

HST. (ai) The Purchaser agrees to personally occupy the Dwelling as the Purchaser’s principal residence forthwith after Closing, and to allow the Vendor's inspectors or agents or representatives of Canada Revenue Agency access to the Dwelling at all reasonable hours until the Vendor has received all HST Rebates. In the event that the Purchaser does not personally occupy the Dwelling as the Purchaser’s principal residence and deliver on closing the necessary documents, evidence and affidavits required by the Vendor with respect to HST, then the Purchaser shall pay an amount on the Closing Date equal to such HST Rebate that would have been available had the Purchaser occupied the Dwelling as the Purchaser’s principal residence. (ii) With respect to the payment of federal goods and services tax and the Province of Ontario’s portion of any harmonized single sales tax (which federal and provincial harmonized single sales tax is called the "HST") and the rebate of HST (that is both the federal and provincial rebates) for new houses and whether in existence now or in the future (which aforesaid federal and provincial rebates are collectively called the "HST Rebate"), under the Excise Tax Act (Canada) as amended and the regulations thereunder (the "ETA"), the parties acknowledge agrees as follows: (A) The Vendor agrees that the Purchase Price includes is inclusive of HST (based on a 13% HST rate and net of the tax HST Rebate) and that following Closing, the Vendor will pay and remit the HST (net of the HST Rebate), in accordance with the provisions of the ETA, subject to the Purchaser assigning to the Vendor (or as the Vendor may otherwise direct, it being understood that the Vendor may be a trustee or nominee acting on behalf of any other company (or companies) or partnership (or partnerships) that are to receive the HST Rebate (the “Rebate Recipient”)) the HST Rebate, as hereinafter set out. The Purchaser hereby assigns to the Purchaser or the Rebate Recipient, as applicable, all of the Purchaser’s right, title and interest in and to the HST Rebate including the Purchaser’s entitlement thereto, all in respect of the Real Property. (B) The Purchaser agrees to comply with the ETA and with all other laws, regulations, rules and requirements relating to HST and HST Rebate and to do such acts and to complete and deliver to the Vendor before, on, or after Closing, as the Vendor may require or direct, such documents, certificates, declarations, instrument, applications and powers of attorney to enable the Vendor or the Rebate Recipient to obtain payment of the full amount of HST Rebate and in such form and content as the Vendor may require or direct, including, without limitation: (1) a prescribed new housing rebate application containing prescribed information executed by the Purchaser; (2) a power of attorney; and (3) assignment of HST Rebate to the Vendor or the Rebate Recipient. In this regard, the Purchaser hereby irrevocably authorizes the Vendor to execute any application for the HST Rebate, to complete any incomplete, incorrect or missing information in any application for HST Rebate and make amendments with respect thereto. The Purchaser hereby constitutes and appoints the Vendor to be and act as the Purchaser’s lawful attorney, in the Purchaser’s name, place and stead, for the purpose of executing any application for HST Rebate and completing any incomplete, incorrect or missing information or making amendments to the application for HST Rebate, as aforesaid. (C) The Purchaser agrees to provide the Vendor with all information, identification, address verification and documentation required by the Vendor in connection with the registered and beneficial ownership of the Real Property and in connection with the occupancy of the Real Property or information, identification and address verification with respect to any other person in connection therewith. Such information, identification and address verification shall be by way of sworn statutory declaration in form and content required by the Vendor and to be delivered to the Vendor on or before Closing. (D) In the event that the Purchaser is not eligible for the HST Rebate or any part thereof, (whether determined before, on or after the Closing and notwithstanding that the price of the Real Property would qualify for a rebate) pursuant to the provisions of the ETA, then the Purchaser shall forthwith upon demand pay a sum equal to the HST Rebate that would have otherwise been applicable to the within transaction commonly known as “HST” less Real Property, to the Vendor and the Purchaser shall not be entitled to any credit for or with respect to the HST New Housing Rebate. The Purchaser hereby agrees that the amount of the HST Rebate commonly available (plus HST) to purchasers be paid by the Purchaser to the Vendor (or as it may direct) in accordance herewith shall be a charge against the Real Property in favour of new homes the Vendor, together with any interest, and secured by a lien (including a vendor's lien), charge or caution as the Vendor deems appropriate on and against the Real Property. (E) The Purchaser represents and warrants that the Purchaser qualifies for themselves the HST Rebate and confirms and agrees that the Vendor is relying upon such representation and warranty to the Vendor’s detriment. The Purchaser covenants and agrees that such representation and warranty shall be true and correct at Closing and shall not merge on Closing but shall continue thereafter. If the foregoing representation and warranty is not true and correct in all respects, then (in addition to the foregoing provisions of this paragraph 6(d)), the Purchaser hereby indemnifies and saves harmless the Vendor and the Rebate Recipient from and against all costs, expenses, actions, suits, causes of action, proceedings, damages and liabilities, which the Vendor or their relatives Rebate Recipient may sustain or incur, including without limiting the generality of the foregoing, any penalty, fine, interest, other charge, payment or expense whatsoever, which the Vendor and the Rebate Recipient may sustain, suffer or incur. (the “HST New Housing Rebate”). F) Notwithstanding anything contained to the contrary in this Agreement, the Vendor in the Vendor’s sole discretion may require that the Purchaser hereby irrevocably assigns apply directly for the HST Rebate after the Closing Date and in such event, the Purchaser shall pay to the Vendor in accordance with the Purchaser’s rightterms of this Agreement, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) The Purchaser warrants that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date and will not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy by the Purchaser; (c) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, (plus HST) in addition to the outstanding balance Purchase Price and the HST Rebate shall not be assigned by the Vendor to the Purchaser on Closing and shall not be credited by the Vendor to the Purchaser on the statement of adjustments. (iii) Notwithstanding any other provisions herein contained in this Agreement, the Purchaser acknowledges and agrees that the Purchase PricePrice does not include any HST exigible with respect to any adjustments payable by the Purchaser pursuant to this Agreement and for any extras or upgrades purchased, ordered or chosen by the amount of such difference; and (e) The Purchaser from the Vendor which are not specifically set forth in this Agreement and the Purchaser covenants and agrees to execute and deliver on pay such HST to the Closing Date (or otherwise, Vendor as requested from time to time so directed by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoing.

HST. SAMPLE AGREEMENT (ai) The Purchaser agrees to personally occupy the Dwelling as the Purchaser’s principal residence forthwith after Closing, and to allow the Vendor's inspectors or agents or representatives of Canada Revenue Agency access to the Dwelling at all reasonable hours until the Vendor has received all HST Rebates. In the event that the Purchaser does not personally occupy the Dwelling as the Purchaser’s principal residence and deliver on closing the necessary documents, evidence and affidavits required by the Vendor with respect to HST, then the Purchaser shall pay an amount on the Closing Date equal to such HST Rebate that would have been available had the Purchaser occupied the Dwelling as the Purchaser’s principal residence. (ii) With respect to the payment of federal goods and services tax and the Province of Ontario’s portion of any harmonized single sales tax (which federal and provincial harmonized single sales tax is called the "HST") and the rebate of HST (that is both the federal and provincial rebates) for new houses and whether in existence now or in the future (which aforesaid federal and provincial rebates are collectively called the "HST Rebate"), under the Excise Tax Act (Canada) as amended and the regulations thereunder (the "ETA"), the parties acknowledge agrees as follows: (A) The Vendor agrees that the Purchase Price includes is inclusive of HST (based on a 13% HST rate and net of the tax applicable HST Rebate) and that following Closing, the Vendor will pay and remit the HST (net of the HST Rebate), in accordance with the provisions of the ETA, subject to the within transaction commonly known Purchaser assigning to the Vendor (or as “HST” less the Vendor may otherwise direct, it being understood that the Vendor may be a trustee or nominee acting on behalf of any other company (or companies) or partnership (or partnerships) that are to receive the HST New Housing Rebate commonly available to purchasers of new homes for themselves or their relatives (the “HST New Housing RebateRebate Recipient”)) the HST Rebate, as hereinafter set out. Notwithstanding anything to the contrary in this Agreement, the The Purchaser hereby irrevocably assigns to the Vendor Purchaser or the Rebate Recipient, as applicable, all of the Purchaser’s right, title and interest in and benefit (now or to the HST Rebate including the Purchaser’s entitlement thereto, all in the future) respect of the HST New Housing Rebate;Real Property. (bB) The Purchaser warrants that agrees to comply with the Purchaser qualifies for ETA and with all other laws, regulations, rules and requirements relating to HST and HST Rebate and to do such acts and to complete and deliver to the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased Vendor before, on, or after Closing, as the Purchaser’s primary place Vendor may require or direct, such documents, certificates, declarations, instrument, applications and powers of residence and that attorney to enable the Purchaser will take possession and occupy Vendor or the Dwelling forthwith on the Occupancy Date and will not allow occupancy Rebate Recipient to obtain payment of the Dwelling by any other individual full amount of HST Rebate and in such form and content as the Vendor may require or direct, including, without limitation: (other than the Purchaser’s immediate family1) as a place of residence prior to occupancy prescribed new housing rebate application containing prescribed information executed by the Purchaser; (c2) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance a power of the Purchase Price, the amount of such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which may be imposed on the Vendor by the applicable taxing authority; (d) If any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such differenceattorney; and (e3) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the assignment of HST New Housing Rebate or authorization to the Vendor to complete such application on or the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoingRebate Recipient.

HST. (a) The parties Vendor and the Purchaser acknowledge and agree that the Purchase Price includes the tax applicable amount payable pursuant to the within transaction commonly known Excise Tax Act of Canada, as “HST” amended, for Harmonized Sales Tax (H.S.T.) exigible on the sale of the Property to the Purchaser less the HST maximum amount refundable in respect of the New Housing Rebate commonly Rebates available to purchasers for the Federal and Provincial portions of new homes for themselves or their relatives the H.S.T. (collectively, the “HST New Housing Rebate”). Notwithstanding anything The Purchaser shall be solely responsible for payment of all taxes exigible in respect of any extra or other fees and charges not included in the Purchase Price. The Purchaser warrants, covenants and agrees to assign all of its right, title and interest in the Rebate to the contrary Vendor and confirms that the Rebate shall be the sole and absolute property of the Vendor. The Purchaser shall, on demand by the Vendor, execute and deliver on or before closing any assignments, directions, powers of attorney, applications, consents and/or other documents required by the Vendor in respect of the Rebate. The Purchaser hereby irrevocably designates and appoints the Vendor as his sole and lawful attorney with full power as attorney for the purpose of executing any documents contemplated under this Agreementparagraph. The Purchaser represents, covenants and agrees that he/she/they qualify for the full amount of the Rebate and in the event that the Vendor does not receive the full amount of the Rebate available under the Excise Tax Act, as amended from time to time, due to the Purchaser failing to qualify for same, the Purchaser hereby irrevocably assigns to the Vendor the Purchaser’s right, interest and benefit (now or in the future) of the HST New Housing Rebate; (b) The Purchaser warrants that the Purchaser qualifies for the HST New Housing Rebate if any is available. The Purchaser further warrants that the Property is being purchased as the Purchaser’s primary place of residence and that the Purchaser will take possession and occupy the Dwelling forthwith on the Occupancy Date and will not allow occupancy of the Dwelling by any other individual (other than the Purchaser’s immediate family) as a place of residence prior to occupancy by the Purchaser; (c) If for any reason the Purchaser does not qualify for the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition forthwith upon request by the Vendor, an amount equal to the outstanding balance that part of the Purchase PriceRebate which the Vendor has been denied or has not received, and until so paid such amount shall form a charge against the amount of Property, which charge shall be recoverable by the Vendor in the same manner as a mortgage in default. If the Purchaser is unable to execute such rebate plus interest at the Toronto-Dominion Bank’s prime rate of interest per annum, plus two per cent calculated from the Closing Date plus any fees, penalties or damages which documentation as may be imposed on required by the Vendor by on closing to confirm he/she/they are qualified to receive the applicable taxing authority; (d) If Rebate or any change to the amount of the HST or the amount of the HST New Housing Rebate comes into force as at the date when HST becomes portion thereof, H.S.T. shall be payable on the Property, the effect of which is to increase the amount of HST payable or to decrease the amount of the HST New Housing Rebate, then the Purchaser shall be fully responsible and shall forthwith pay to the Vendor, in addition to the outstanding balance of the Purchase Price, the amount of such difference; and (e) The Purchaser agrees to execute and deliver on the Closing Date (or otherwise, as requested from time to time by the Vendor) whatever documentation the Vendor may require to confirm the foregoing warranties and agreements. For clarity, such documentation shall include an application in the manner and in the form required by the applicable taxing authority for the HST New Housing Rebate or authorization to the Vendor to complete such application on the Purchaser’s behalf and its assignment as well as such other documents, including an indemnity to the Vendor, in such form as the Vendor shall require respecting the foregoingclosing price.