Common use of Settlement - Other Provisions Clause in Contracts

Settlement - Other Provisions. On Settlement in accordance with Clause 12.1(9) or 12.2(4) (whichever is applicable) the Seller must deliver (or cause to be delivered) to the Buyer (or as directed by the Buyer): (1) the instrument of title, if any, for the Lot necessary to register the transfer of the Lot to the Buyer as owner. Where the title applies to more than one lot the cost of any new title will be borne by the Buyer; (2) all the Seller's keys and other devices and codes for entry, exit and security unless an alternative time and place for delivery is agreed to in writing; (3) all Tenancy Documents, including all documents and forms required to comply with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 including Bond transfers and notice to Tenants advising of the sale, provided however section 117 of the Property Law Act 1974 does not apply insofar as it assigns to the Buyer the right to recover rent arrears; (4) in the case of short term and/or holiday lettings where the Buyer agrees to accept same, any monies paid by way of letting deposits or where such deposits have been paid to a letting Agent, and assignment thereof in favour of the Buyer; (5) Rent and Income unpaid for any period prior to the Settlement Date and not adjusted between the parties at Settlement is not assigned to the Buyer but remains a debt due to the Seller in which case the provisions relating to Rent of section 117 of the Property Law Act 1974 are not applicable; (6) title to any chattel forming part of the Property including assignable warranties and documentation relating thereto, to which the Buyer may be reasonably entitled; (7) in compliance with Clause 18, all documentation necessary to effect release of any Encumbrance over the Property, except as detailed in Item 19, including where applicable, property subject to a security interest to which the Personal Property Securities Act 2009 (CTH) applies; (8) a properly completed property transfer information form in accordance with the Fire and Emergency Services Act 1990; (9) documents in the Seller's possession reasonably required by the Buyer relating to the Property, in particular, but not exclusively, those relating to prior transfers, tenancies, licenses, warranties, relevant certificates relating to pool safety compliance, noncompliance or exemption, and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties; and (10) vacant possession of the Property (except if tenanted) and title to all the Property.

Appears in 3 contracts

Samples: Contract for Sale of Residential Lots, Contract for Sale of Residential Lots, Contract for Sale of Residential Lots

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Settlement - Other Provisions. On Settlement in accordance with Clause 12.1(9) or 12.2(4) (whichever is applicable) the Seller must deliver (or cause to be delivered) to the Buyer (or as directed by the Buyer): (1) the instrument of title, if any, for the Lot necessary to register the transfer of the Lot to the Buyer as owner. Where the title applies to more than one lot the cost of any new title will be borne by the Buyer;. (2) all the Seller's keys and other devices and codes for entry, exit and security unless an alternative time and place for delivery is agreed to in writing;. (3) all Tenancy Documents, including all documents and forms required to comply with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 including Bond transfers and notice to Tenants advising of the sale, provided however section 117 of the Property Law Act 1974 does not apply insofar as it assigns to the Buyer the right to recover rent arrears;. (4) in the case of short term and/or holiday lettings where the Buyer agrees to accept same, any monies paid by way of letting deposits or where such deposits have been paid to a letting Agent, and assignment thereof in favour of the Buyer;. (5) Rent and Income unpaid for any period prior to the Settlement Date and not adjusted between the parties at Settlement is not assigned to the Buyer but remains a debt due to the Seller in which case the provisions relating to Rent of section 117 of the Property Law Act 1974 are not applicable;. (6) title to any chattel forming part of the Property including assignable warranties and documentation relating thereto, to which the Buyer may be reasonably entitled;. (7) in compliance with Clause 18, all documentation necessary to effect release of any Encumbrance over the Property, except as detailed in Item 19, including where applicable, property subject to a security interest to which the Personal Property Securities Act 2009 (CTH) applies;. (8) a properly completed property transfer information form in accordance with the Fire and Emergency Services Act 1990;. (9) documents in the Seller's possession reasonably required by the Buyer relating to the Property, in particular, but not exclusively, those relating to prior transfers, tenancies, licenses, warranties, relevant certificates relating to pool safety compliance, noncompliance or exemption, and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties; and. (10) vacant possession of the Property (except if tenanted) and title to all the Property.

Appears in 1 contract

Samples: Contract for Sale of Residential Lots

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