Notice to complete. (a) If a Party (Defaulting Party) fails to satisfy its obligations under clause 6.2 on the day and at the place and time for Completion determined under clause 6.1, then the other Party (Notifying Party) may give the Defaulting Party a notice requiring the Defaulting Party to satisfy those obligations within a period of 5 Business Days from the date of the notice and declaring time to be of the essence.
(b) If the Defaulting Party fails to satisfy those obligations within those 5 Business Days, the Notifying Party may, without limitation to any other rights it may have, terminate this Agreement by giving written notice to the Defaulting Party.
Notice to complete. 7.1. The seller or the buyer may on or after the agreed completion date but before completion give the other notice to complete within ten business days (excluding the date on which the notice is given) making time of the essence.
7.2. The person giving the notice must be ready to complete.
7.3. If the buyer fails to comply with a notice to complete the seller may, without affecting any other remedy the seller has:
7.3.1. terminate the contract;
7.3.2. claim the deposit and any interest on it if held by a stakeholder;
7.3.3. forfeit the deposit and any interest on it;
7.3.4. resell the lot; and
7.3.5. claim damages from the buyer.
7.4. If the seller fails to comply with a notice to complete the buyer may, without affecting any other remedy the buyer has:
7.4.1. terminate the contract; and
7.4.2. recover the deposit and any interest on it from the seller or, if applicable, a stakeholder.
Notice to complete. The Seller or the Buyer may, on or after the agreed completion date, but before completion, give the other notice to complete within 10 business days making time of the essence. The person giving the notice must be ready, willing and able to complete. If the Buyer fails to comply with a notice to complete the Seller may rescind the contract, claim the deposit and any interest on it, forfeit the lot, and claim damages from the Buyer. If the Seller fails to comply with a notice to complete the Buyer may rescind the contract and recover the deposit and any interest on it from SDL Property Auctions, the Seller, or the Seller’s conveyancers.
Notice to complete. 6.8.1 At any time after the time applicable under condition 6.1.2 on completion date, a party who is ready, able and willing to complete may give the other a notice to complete.
6.8.2 The parties are to complete the contract within ten working days of giving a notice to complete, excluding the day on which the notice is given. For this purpose, time is of the essence of the contract.
6.8.3 On receipt of a notice to complete:
(a) if the buyer paid no deposit, he is forthwith to pay a deposit of 10 per cent
(b) if the buyer paid a deposit of less than 10 per cent, he is forthwith to pay a further deposit equal to the balance of that 10 per cent.
Notice to complete. (a) If Completion does not occur in accordance with this clause 4 because of the failure of the Buyer or the Sellers (“Defaulting Party”) to satisfy its obligations under clause 4.2 and Schedule 5 then:
(i) the Sellers (where the Defaulting Party is the Buyer);
(ii) the Buyer (where the Defaulting Party is one or more of the Sellers);
(iii) SPAC (where the Defaulting Party is either the Buyer or one or more of the Sellers), (in each case the “Notifying Party”) may give the Defaulting Party a notice requiring the Defaulting Party to satisfy those obligations within a period of 5 Business Days from the date of the notice and declaring time to be of the essence in relation to that notice.
(b) If the Defaulting Party fails to comply with the notice given under clause 4.3(a), the Notifying Party may, without limitation to any other rights it may have, terminate this agreement by giving written notice to the Buyer or the Sellers (as applicable). Any termination by the Buyer pursuant to this clause 4.3(b) is subject to the consent of SPAC.
Notice to complete. (a) If the Seller or a Buyer Entity (Defaulting Party) fails to satisfy its obligations under clause 9.2 and Schedule 6 on the day and at the place and time for Completion determined under clause 9.1, then the Seller (in the case of a default by a Buyer Entity) or the Buyer Entities (in the case of a default by the Seller) (Notifying Party) may give the Defaulting Party a notice requiring the Defaulting Party to satisfy those obligations within a period of 10 Business Days from the date of the notice and declaring time to be of the essence.
(b) If the Defaulting Party fails to satisfy those obligations within those 10 Business Days the Notifying Party may, without limitation to any other rights it may have, terminate this agreement by giving written notice to the Defaulting Party.
Notice to complete. If either party is unwilling or unable to complete by the completion date, the other party shall be entitled at any time after the completion date to serve a Notice to complete making the time for completion essential. Such a notice shall give not less than fourteen (14) days notice after the day on which the notice is received by the recipient of the notice. A notice to complete of such duration is considered by the parties to be reasonable and sufficient to render the time for completion essential PROVIDED however that the sending party shall be at liberty at any time to withdraw the said notice without prejudice to his continuing right to give any further such notice. Should the Vendor become entitled to and serve a Notice to Complete hereunder the Purchaser must pay to the Vendor on settlement the amount of $200.00 plus GST to cover the legal costs and other expenses incurred by the Vendor as a consequence of the delay. The Purchaser shall not be entitled to require the Vendor to complete this purchase unless such legal costs and the interest stated in clause 32 are paid on completion and it is an essential term of this contract that such legal costs and the interest be so paid.
Notice to complete. Notice must be given
19.1 Except as otherwise provided in this contract:
19.1.1 the Seller is not entitled to:
(a) receive or retain money paid by the Buyer; or
(b) take or recover possession of the Land; and
19.1.2 neither the Seller nor the Buyer may terminate this contract by reason of the other's failure to observe or perform an obligation imposed on that other party under this contract unless that party has first given a notice to the other party:
(a) specifying the failure;
(b) stating that the other party must observe and perform that party's obligations under this contract the subject of the notice within 5 Business Days from the date of service of the notice; and
(c) stating that if those obligations are not observed and performed within that time, the party giving the notice may terminate this Contract; and the party receiving the notice fails to observe and perform those obligations within the period stated in that notice.
19.2 Clause 19.1 does not apply if either party repudiates the Contract.
Notice to complete. (a) If a Party (Failing Party) fails to satisfy all of its obligations under clause 5.2 and Schedule 5 on the day and at the place and time for Completion determined under clause 5.1 (or fails to satisfy its obligations under clause 7.11(d) in relation to ensuring SingCo satisfies all of its obligations at Completion) then:
(i) if the Failing Party is a Boral Party or a BGA Group Member, USG; or
(ii) if the Failing Party is a USG Party, Boral, (in each case the Notifying Party) may give the Failing Party a notice requiring the Failing Party to satisfy those obligations on any Business Day within a period of 14 days from the date of the notice and declaring time to be of the essence.
(b) If the Failing Party fails to satisfy those obligations within those 14 days the Notifying Party may, without limitation to any other rights it may have, terminate this agreement with immediate effect by giving written notice to each other Party.
Notice to complete. (a) If the Seller or the Buyer (Defaulting Party) fails to satisfy its obligations under clause 7.2 and Schedule 4 on the day and at the place and time those obligations are due then the other party (Notifying Party) may give the Defaulting Party a notice requiring the Defaulting Party to satisfy those obligations within a period of five Business Days (or such other period as may be agreed by the Buyer and Seller) from the date of the notice and time will be deemed to be of the essence in relation to any such notice given under this clause 7.3(a).
(b) If the Defaulting Party fails to satisfy those obligations within that five Business Day period, the Notifying Party may, without limitation to any other rights it may have, terminate this document by giving written notice to the Defaulting Party and the Seller and Buyer must each return to the other all documents delivered to it under Schedule 4 and must each repay to the other all payments received by it under Schedule 4. Share Sale and Purchase Agreement | 27
