Common use of WDO Repairs Clause in Contracts

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, within 5 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. Seller will have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyer’s Permit Inspection 280 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit have open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all further obligations under this Contract. 297 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.

Appears in 3 contracts

Samples: floridafutureagents.com, hounchellrealestate.com, wfgunderwriting.com

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WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further ________ ________ ________ ________ 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 2 contracts

Samples: eforms.com, cribflyer-assets.imgix.net

WDO Repairs. If Seller previously treated the Property for the type of WDO found by BuyerXxxxx’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of BuyerXxxxx’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer Xxxxx and 273 Seller from all further ________ ________ ________ ________ 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by BuyerXxxxx, Buyer or BuyerXxxxx’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 2 contracts

Samples: eforms.com, cribflyer-assets.imgix.net

WDO Repairs. If Seller previously treated the Property for the type of WDO found by BuyerXxxxx’s WDO 261 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, within 5 days after receipt of BuyerXxxxx’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. Seller will have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer Xxxxx does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer Xxxxx shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyer’s Permit Inspection 280 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit have open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all further obligations under this Contract. 297 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to time of Closing, as specified by BuyerXxxxx, Buyer or BuyerXxxxx’s representative may perform a walk-through (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.

Appears in 2 contracts

Samples: hounchellrealestate.com, wfgunderwriting.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 1 contract

Samples: www.homewisefl.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyer’s Permit Inspection 280 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit have open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all further obligations under this Contract. 297 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.

Appears in 1 contract

Samples: www.brightrealtyfl.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further ________ ________ ________ ________ _ _ _ _ 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 1 contract

Samples: joshuacross.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s DO NOT USE 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 1 contract

Samples: pdf4pro.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 Inspection, 289 Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers 290 to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 10 days after 291 receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed 292 person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. 293 Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair 294 Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then 295 within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the 296 excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO 297 Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and 298 damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer does not deliver such written notice to 299 Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the 300 Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyer’s Permit Inspection 280 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit have open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: 301 (Ad) Seller may 292 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all further obligations under this Contract. 297 (e) WALKINSPECTION AND CLOSE-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.OUT OF BUILDING PERMITS:

Appears in 1 contract

Samples: www.floridaforboomers.com

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WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 Inspection, 292 Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers 293 to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 10 days after 294 receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed 295 person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. 296 Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair 297 Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then 298 within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the 299 excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO 300 Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and 301 damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer does not deliver such written notice to 302 Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the 303 Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 304 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 305 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 306 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property 307 (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of 308 any open or expired building permits or unpermitted improvements to the Property. 279 309 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 310 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a 311 copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have open 312 and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, 313 and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller 314 will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer or 315 known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to 316 the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing 317 Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may 318 terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all 319 further obligations under this Contract. 290 320 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 321 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 elect 322 to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting 323 the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller 324 at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party 325 may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all 326 further obligations under this Contract. 297 327 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to 328 time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 follow-up 329 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the 330 Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has 331 made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.

Appears in 1 contract

Samples: rpptl.org

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 307 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 308 Seller’s cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, 309 shall within 5 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated 310 by 264 an appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, 311 and a 265 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 312 12(f) 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 313 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 314 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 315 make (at a total cost to Seller not exceeding the WDO Repair Limit), and accepting the balance of the 316 Property 270 in its “as is” condition with regard to WDO infestation and damage, subject to Seller’s continuing 317 Maintenance 271 Requirement. If Buyer does not deliver such written notice to Seller, then either party may 318 terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the Deposit, thereby 319 releasing Buyer and 273 Seller from all further obligations under this Contract. 274 320 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 321 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 322 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 323 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 324 existence of any open or expired building permits or unpermitted improvements to the Property. 279 325 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 326 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 327 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit 328 Limit, have open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 329 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 330 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 285 331 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 332 required building permits for improvements to the Property. If final permit inspections cannot be performed 333 due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such 334 final 288 inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the 335 Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 336 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 337 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 338 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 339 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 340 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 341 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby 342 releasing 296 Buyer and Seller from all further obligations under this Contract. 297 343 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date 344 prior 298 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through 345 (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of 346 Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 347 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 348 other contractual obligations.. 349 (f) REPAIR STANDARDS; ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND 350 WARRANTIES: 351 All repairs and replacements shall be completed in a good and workmanlike manner by an appropriately 352 licensed person, in accordance with all requirements of law, and shall consist of materials or items of quality, 353 value, capacity and performance comparable to, or better than, that existing as of the Effective Date. Except 354 as provided in Paragraph 12(c)(ii), at Buyer’s option and cost, Seller will, at Closing, assign all assignable 355 repair, treatment and maintenance contracts and warranties to Buyer. 356 ESCROW AGENT AND BROKER

Appears in 1 contract

Samples: eforms.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by Buyer’s WDO 261 329 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 330 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 331 10 days after receipt of Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 332 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 333 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 334 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 335 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 336 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 337 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 338 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 339 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 340 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further 341 obligations under this Contract. 274 342 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 343 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 344 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 345 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 346 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 347 inspection of the Property identifies permits which have not been properly closed or improvements which were 348 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 349 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 350 such open permits or unpermitted improvements. 351 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 352 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 353 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 354 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 355 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 356 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 357 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required 358 building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 359 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 360 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 361 releasing Buyer and Seller from all further obligations under this Contract. 290 362 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 363 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 364 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 365 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 366 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 367 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 368 and Seller from all further obligations under this Contract. 297 369 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 370 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 299 371 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 372 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 373 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 374 contractual obligations.

Appears in 1 contract

Samples: www.daytonarealtors.com

WDO Repairs. If Seller previously treated the Property for the type of WDO found by BuyerXxxxx’s WDO 261 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 319 10 days after receipt of BuyerXxxxx’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 321 copy delivered to Buyer. Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, Buyer may 268 deliver written 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 327 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 328 the other, and Buyer shall be refunded the Deposit, thereby releasing Buyer Xxxxx and 273 Seller from all further ________ ________ ________ ________ 329 obligations under this Contract. 274 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 334 existence of any open or expired building permits or unpermitted improvements to the Property. 279 If Buyer’s 335 inspection of the Property identifies permits which have not been properly closed or improvements which were 336 not permitted, then Seller shall promptly deliver to Buyer all plans, written documentation or other information 337 in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of 338 such open permits or unpermitted improvements. 339 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental 343 entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired 285 building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 and closed required building permits 000 xxxxxxxx xxxxxxx for improvements to the Property. If final permit inspections cannot be performed due 287 to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 288 inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 290 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting 000 xxxxxxxxx the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer 356 and Seller from all further obligations under this Contract. 297 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 358 to time of Closing, as specified by BuyerXxxxx, Buyer or BuyerXxxxx’s representative may perform a walk-through (and 299 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 301 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other 362 contractual obligations.

Appears in 1 contract

Samples: Purchase and Sale Agreement

WDO Repairs. If Seller previously treated the Property for the type of WDO found by BuyerXxxxx’s WDO 261 Inspection, 292 Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s cost, transfers 293 to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will, shall within 5 10 days after 294 receipt of BuyerXxxxx’s WDO Inspector’s report, have reported WDO damage estimated by 264 an appropriately licensed 295 person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 265 copy delivered to Buyer. 296 Seller will shall have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair 297 Limit. If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then 298 within 5 days after receipt of Seller’s estimate, Buyer Xxxxx may 268 deliver written notice to Seller agreeing to pay the 299 excess, or designating which WDO repairs Seller shall 269 make (at a total cost to Seller not exceeding the WDO 300 Repair Limit), and accepting the balance of the Property 270 in its “as is” condition with regard to WDO infestation and 301 damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer Xxxxx does not deliver such written notice to 302 Seller, then either party may terminate this 272 Contract by written notice to the other, and Buyer shall be refunded the 303 Deposit, thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 304 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 305 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 306 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property 307 (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of 308 any open or expired building permits or unpermitted improvements to the Property. 279 309 (ii) Close-Out of Building Permits: Seller willshall, within 5 10 days after receipt of Buyer’s Permit Inspection 280 notice, 310 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 person and a 311 copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 282 Limit Limit, have open 312 and expired building permits identified by Buyer or known to Seller closed by the applicable 283 governmental entity, 313 and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller 314 will provide Buyer with any written documentation that all open and expired 285 building permits identified by Buyer Xxxxx or 315 known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to 316 the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing 317 Date shall be extended for up to 10 days to complete such final 288 inspections, failing which, either party may 318 terminate this Contract, and Buyer shall be refunded the Deposit, 289 thereby releasing Buyer and Seller from all 319 further obligations under this Contract. 290 320 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 321 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 292 elect 322 to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting 323 the Property in its “as is” condition with regard to building permit status and agreeing to receive 294 credit from Seller 324 at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other, then either party 325 may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing 296 Buyer and Seller from all 326 further obligations under this Contract. 297 327 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to 328 time of Closing, as specified by BuyerXxxxx, Buyer or BuyerXxxxx’s representative may perform a walk-through (and 299 follow-up 329 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the 330 Property and to verify that Seller has maintained the Property as required by the 301 Maintenance Requirement, has 331 made repairs and replacements required by this Contract, and has met all 302 other contractual obligations.

Appears in 1 contract

Samples: www.rpptl.org

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