Suspension of Time. (1) This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to: (a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or (b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise. (2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations. (3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations. (4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that fact, promptly. (5) When the Suspension Period ends, whether notice under clause 6.3
Appears in 2 contracts
Samples: Contract for Commercial Lots in a Community Titles Scheme, Contract for Commercial Land and Buildings
Suspension of Time. (1) This clause 6.3 6.2 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that fact, promptly.
(5) When the Suspension Period ends, whether notice under clause 6.3
Appears in 2 contracts
Samples: Contract for Residential Lots in a Community Titles Scheme, Contract for Residential Lots in a Community Titles Scheme
Suspension of Time. (1) This clause 6.3 6.2 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event Natural Disaster but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event Natural Disaster on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay EventNatural Disaster, the Affected Party must give the other party a notice of that fact, promptly.
(5) When the Suspension Period ends, whether notice under clause 6.36.2
Appears in 1 contract
Samples: Contract for Residential Lots in a Community Titles Scheme
Suspension of Time. (1) This clause 6.3 6.2 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that fact, promptly.
(5) When the Suspension Period ends, whether notice under clause 6.36.2
Appears in 1 contract
Suspension of Time. (1) This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.. DRAFT
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that fact, promptly.
(5) When the Suspension Period ends, whether notice under clause 6.3
Appears in 1 contract