Contract
Exhibit
99.9
THIS
ASSIGNMENT made as of the 31st day of October, 2006.
B
E T W E
E N:
LANTERRA
REALTY INC.
(hereinafter
called the "Assignor"),
OF
THE
FIRST PART;
–
and
–
DUFLAW
REALTY LTD.,
in
its
capacity
as general partner for and
on
behalf of Duflaw Limited Partnership
(hereinafter
called the "Assignee"),
OF
THE
SECOND PART;
–
and
–
DOMGROUP
LTD.
(hereinafter
collectively called the "Vendor"),
OF
THE
THIRD PART;
WHEREAS
by an agreement of purchase and sale made between the Assignor,
as
purchaser, and the Vendor, as vendor, executed on June 28, 2006, as amended
from
time to time by the Amending Agreement dated August 31, 2006 (the
"Agreement"). The Assignor agreed to purchase and the Vendor agreed
to sell certain lands and premises in the municipally known as 000 Xxxxxxxx
Xxxxxx Xxxx and 0000-0000 Xxxxxxxx Xxxxxx, Xxxx of Toronto, in the Province
of
Ontario as more particularly described on Schedule "A" hereto (collectively,
the
"Property");
AND
WHEREAS the Assignor has agreed to assign to the Assignee all of its
right, title and interest in and to the Agreement and the Property.
NOW
THEREFORE WITNESSETH that in consideration of the mutual covenants and
the sum of ONE DOLLAR ($1.00) now paid by each to the other (the receipt
and
sufficiency of which is hereby acknowledged), the parties hereby agree,
to and
with the other, as follows:
1. The
Assignor hereby assigns to the Assignee all its right, title, benefit and
interest in and to the Agreement and the Property.
2. The
Assignor covenants that the Agreement is a good, valid and subsisting agreement
according to its terms and that the Assignor has the right, power and authority
to make this agreement.
3. The
Assignee hereby agrees to accept and be bound by the Assignor's covenants
and
obligations under the Agreement as if it were the original purchaser
therein.
4. The
Vendor, by execution of this Assignment of Agreement of Purchase and Sale,
hereby releases the Assignor from any and all obligations and liabilities
in
connection with the Agreement.
5. The
parties hereto undertake to do all acts or things and to execute all further
documents as may reasonably be required in order to effectually carry out
the
intent of this agreement.
6. This
agreement shall enure to the benefit of and be binding upon the parties
hereto
and their respective successors and assigns.
7. It
is
agreed that this agreement may be executed in counterparts, each of which
counterparts so executed shall constitute and be deemed to be an original,
and
all of which together shall constitute one and the same agreement.
IN
WITNESS WHEREOF the Assignor and Assignee have duly executed this
agreement as of the date first above written.
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LANTERRA
REALTY INC.
|
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Per: /s/
Xxxx
Xxxxxxxxxx
Xxxx
Xxxxxxxxxx, President
|
|
|
I
have authority to bind the Corporation
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DUFLAW
REALTY LTD., in
its
capacity
as general partner for and on
behalf
of Duflaw Limited Partnership
|
|
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Per: /s/
Xxxx Xxxxxxxxxx
Xxxx
Xxxxxxxxxx, President
|
|
|
I
have authority to bind the Corporation
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DOMGROUP LTD.
|
|
|
Per: /s/
RC. Xxxxxx
Xxxxxxx
X. Xxxxxx, Pesident and Secretary
|
|
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I
have authority to bind the Corporation
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SCHEDULE
A
LEGAL
DESCRIPTION
000
Xxxxxxxx Xxxxxx Xxxx
Xxxxxxx,
Xxxxxxx
PIN
# 10230-0106(LT)
Part
of
Xxx 0, Xxxxxxxxxx 0, Xxxx xx Xxxxx Xxxxxx, Xxxxxxxx xx Xxxx as in Instrument
No.
NY246263, except Instrument Xx. XX000000, Xxxx xx Xxxxxxx (formerly in
the City
of North York).
Being
the
whole of the said PIN.
Land
Titles Division of the Toronto Registry Office No. 66.
0000-0000
Xxxxxxxx Xxxxxx
Xxxxxxx,
Xxxxxxx
PIN
# 10230-0108(LT)
Part
of
Xxx 0, Xxxxxxxxxx 0, Xxxx xx Xxxxx Xxxxxx, Xxxxxxxx xx Xxxx as in Instrument
Nos. NY277333 and NY358876, except Instrument Xx. XX000000, Xxxx xx Xxxxxxx
(formerly in the City of North York).
Subject
to Instrument No. NY358876.
Being
the
whole of the said PIN.
Land
Titles Division of the Toronto Registry Office No. 66.
