Common use of Construction Matters Clause in Contracts

Construction Matters. CONSTRUCTION AND OCCUPANCY OF DWELLING: (a) The Vendor will construct (if not already constructed) and complete upon the Property a dwelling (the "Dwelling") of the type hereinbefore indicated substantially in accordance with the plans and specifications available for viewing by the Purchaser at the Vendor’s sales office. Notwithstanding anything else herein contained, if for any reason except for the wilful neglect of the Vendor the Dwelling is not completed, utility services are not operative, the Planning Act has not been complied with, or the Dwelling has not been approved for occupancy by the Municipality on or before the Closing Date, the Purchaser agrees to grant and hereby grants such extension or extensions of time for completion of the foregoing as may be required by the Vendor and, subject to the provisions of the Addendum, the Closing Date shall be extended accordingly. Subject to the foregoing, if the Dwelling is not completed on or before the original or the extended closing date, or the said Dwelling type cannot be sited or built in accordance with the requirements of any governmental authority, this Agreement shall be considered as frustrated in accordance with clause 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder. The Purchaser acknowledges that construction of the Dwelling is subject to the Vendor’s overall construction schedule within the subdivision and that an extension of the Closing Date due to commencement of any phase of construction of the Dwelling at a date other than the earliest possible date shall not constitute or be deemed wilful neglect. The Vendor may, at its option, delay the Closing Date for one (1) business day if the Purchaser is not ready to close without payment of delayed closing compensation. The Dwelling shall be deemed to be completed when all interior work has been substantially completed as determined by the Vendor, and the Purchaser agrees in such case, provided the Municipality has approved the Dwelling for occupancy and the Vendor has provided the evidence required by Tarion, to close this transaction, without holdback of any part of the Purchase Price, on the Vendor’s undertaking to complete the Dwelling. The Purchaser hereby agrees to accept the Vendor's covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers, in full satisfaction of the Purchaser's rights under the Construction Lien Act, and will not claim any lien holdback on closing. (b) (i) The Vendor represents and warrants to the Purchaser that the Vendor is in good standing with Tarion Warranty Corporation (formerly the Ontario New Home Warranty Program) (“Tarion”). The Vendor covenants that on the closing of this transaction a written warranty in the Tarion standard form will be requested by the Vendor from Tarion and that a warranty certificate will be mailed directly to the Purchaser by Tarion. The Purchaser agrees to accept such warranty in lieu of any other warranty or guarantee, expressed or implied, it being understood and agreed that there is no representation, warranty, guarantee, collateral agreement or condition precedent to, concurrent with, or in any way affecting this Agreement or the Property other than as expressed herein and more specifically, the Purchaser absolves the Vendor from any representations made by any and all sales representatives unless the same have been reduced to writing herein. This Agreement represents and expresses the entire Agreement between the parties hereto. WEB COPY (ii) The parties agree that the Purchaser (or the Purchaser’s designate) will meet at the Dwelling on or before the Closing Date to conduct the pre-delivery inspection (the “PDI”). The Purchaser acknowledges that the warranties being given by the Vendor to the Purchaser under the terms of the Ontario New Home Warranties Plan Act R.S.O. 1990 C.O.-31 (the “Act”) and which Act is administered by the Tarion Warranty Corporation (hereinafter called “Tarion”) are the only warranties at law or otherwise being given to the Purchaser by the Vendor under the terms of this Agreement of Purchase and Sale. In this regard the Purchaser agrees that approximately seven (7) days prior to the Closing Date, the Purchaser will contact the Vendor to arrange to inspect the Property with the Vendor's representative. The Purchaser shall not be entitled to examine the Dwelling except when accompanied by a representative of the Vendor. During such inspection all damaged, incomplete or missing items and anything that is not in good operating condition, if any, shall be listed in writing on the Certificate of Completion and Possession form (the “CCP”) and the Pre-Delivery Inspection form (the “PDI Form”) provided for by Tarion and which forms shall be signed by the Purchaser and the Vendor's representative. Save as so listed the Purchaser shall be conclusively deemed to have accepted the Property as complete in accordance with this Agreement. The Vendor shall complete all matters set out in the CCP and the PDI Form as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Tarion warranty issued to the Purchaser as soon as reasonably practicable after the same has been called to the Vendor's attention by notice in writing, including having regard to weather conditions and availability of trades and materials. The Purchaser acknowledges that construction materials shrink as they dry resulting in nail ‘pops’. Year-end drywall repairs will consist of compound patching only. Pursuant to Tarion policy, sanding and/or priming will be the responsibility of the Purchaser. The Vendor will endeavour to match colours of materials as closely as possible. The Purchaser further agrees that the Vendor shall have the right to enter upon the Property and Dwelling after completion of the transaction in order to complete such items as are contained in the CCP and PDI Form and for all warranty services that may be required to be performed by Tarion, all inspections, Home Owner service work, and/or work required by trades. (iii) The completion of the PDI and the completion and signing of the CCP and PDI Form as aforesaid are conditions of the Vendor's obligation to give occupancy of the Property and complete this transaction. (iv) The Purchaser acknowledges having been advised that a Homeowner Information Package (“HIP”) developed by TARION is available from Tarion and that the Vendor will deliver one to the Purchaser at or before the PDI. The Purchaser agrees that either the Purchaser or the Purchaser’s designate, will execute and provide to the Vendor the prescribed Confirmation of Receipt of the HIP (the “Receipt”) forthwith upon receipt of the HIP. (v) Notwithstanding anything else herein contained, the Purchaser shall be entitled to send a designate to conduct the PDI in the Purchaser’s place or attend with their designate, provided the Purchaser first provides to the Vendor the Appointment of Designate for PDI in the form prescribed by Tarion (the “Appointment Form”), prior to the PDI. If the Purchaser appoints a designate, the Purchaser acknowledges and agrees that the Purchaser shall be bound by all of the documentation executed by the designate to the same degree and with the force and effect as if executed by the Purchaser personally. (vi) In the event the Purchaser or the Purchaser’s designate, as the case may be, fails to attend the PDI or fails to execute the CCP and PDI Form at the conclusion of the PDI, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, complete the CCP and PDI Form on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s or the Purchaser’s designate, as the case may be, attorney to complete the CCP and PDI Form on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser shall be bound as if the Purchaser or the Purchaser’s designate, as the case may be, had executed the CCP and PDI Form. (vii) In the event the Purchaser and/or the Purchaser’s designate fails to execute the Receipt forthwith upon receipt thereof, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, execute the Receipt on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s and/or the Purchaser’s designate, as the case may be, attorney to execute the Receipt on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser and/or the Purchaser’s designate, as the case may be, shall be deemed to have executed the Receipt. (viii) The registration of the transfer to the Purchaser shall constitute acceptance by the Purchaser of the Property and shall be deemed to be a complete release by the Purchaser, of the Vendor under this Agreement from any and all liability of any kind whatsoever under this Agreement save only for the completion after closing of the work, if any, listed as aforesaid on the CCP and PDI Form, or, if nothing is listed thereon, as required to be done in accordance with this Agreement. If the Purchaser is more than one person, only one such Purchaser need attend the PDI and sign the CCP, PDI Form and Receipt and each Purchaser hereby irrevocably appoints the other Purchaser or Purchasers as agent for the purpose of attending the PDI and signing the CCP, PDI Form and Receipt. For purposes of the Appointment Form, the same designate must be collectively appointed by all such Purchasers. There shall be no holdback for uncompleted work and the full balance of the Purchase Price will be paid to the Vendor on closing.

Construction Matters. CONSTRUCTION AND OCCUPANCY OF DWELLING: (a) The Vendor will Tenant shall have the right to select its own designer and general contractor (subject to Landlord’s approval, which shall not be unreasonably withheld) to design and construct (if not already constructed) and complete upon those leasehold improvements which Tenant desires to make to the Property a dwelling Second Amendment Expansion Spaces (the "Dwelling") of “Expansion Space Improvements”). The plans and specifications for the type hereinbefore indicated substantially Expansion Space Improvements must be submitted to and be approved by Landlord in accordance with the plans and specifications available for viewing by procedures set forth in Exhibit D to the Purchaser at Original Lease before construction of the Vendor’s sales office. Notwithstanding anything else herein contained, if Expansion Space Improvements may begin for any reason except for the wilful neglect of the Vendor the Dwelling is not completed, utility services are not operative, the Planning Act has not been complied with, or the Dwelling has not been approved for occupancy by the Municipality on or before the Closing Date, the Purchaser agrees to grant Second Amendment Expansion Space and hereby grants such extension or extensions of time for completion of the foregoing as may be required by the Vendor and, subject to the provisions of Exhibit D shall apply to the AddendumExpansion Space Improvements, except to the Closing Date extent clearly not applicable. Landlord agrees to review Tenant’s Space Plan and Tenant Working Drawings for the Expansion Space Improvements within the review periods requested in said Exhibit D. ▇▇▇▇ ▇▇▇▇▇▇ is hereby designated as the individual who Landlord agrees shall be extended accordingly. Subject available to meet and consult with Tenant as Landlord’s representative with respect to the foregoingExpansion Space Improvements, if and who, as between Landlord and Tenant, shall have the Dwelling power to legally bind Landlord (“Landlord’s Designated Representative”). ▇▇▇▇▇ ▇▇▇▇▇▇▇ is hereby designated as the individual who Tenant agrees shall be available to meet and consult with Landlord as Tenant’s representative with respect to the Expansion Space Improvements, and who, as between Tenant and Landlord, shall have the power to legally bind Tenant (“Tenant’s Designated Representative”). Landlord and Tenant shall each have the right to change their respective representatives, and such representatives’ responsibilities, upon notice to the other party given pursuant to the terms of the Lease. All inquiries or instructions from Tenant’s Designated Representative with respect to the Expansion Space Improvements shall be directed in writing to the Landlord’s Designated Representative. Tenant shall not completed on be obligated to pay Landlord any administrative, oversight or before management fees with respect to any of the original Expansion Space Improvements (or with respect to any Expansion Space added to the extended closing datePremises pursuant to Exhibit I-1, or any Available Space added to the said Dwelling type cannot Premises pursuant to Exhibit J), unless Tenant requests specific services from Landlord, in which case fees for Landlord’s services will be sited or built agreed upon at such time. Landlord’s review of plans submitted by Tenant in accordance with the requirements of this Lease, and any governmental authorityelection by Landlord to attend Tenant’s construction meetings, this Agreement shall be considered as frustrated in accordance with clause 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder. The Purchaser acknowledges that construction of the Dwelling is subject to the Vendor’s overall construction schedule within the subdivision and that an extension of the Closing Date due to commencement of any phase of construction of the Dwelling at a date other than the earliest possible date shall do not constitute administration, oversight or be deemed wilful neglect. The Vendor may, at its option, delay the Closing Date management activities for one (1) business day if the Purchaser which Landlord is not ready entitled to close without payment of delayed closing compensation. The Dwelling shall be deemed to be completed when all interior work has been substantially completed as determined by the Vendor, and the Purchaser agrees in such case, provided the Municipality has approved the Dwelling for occupancy and the Vendor has provided the evidence required by Tarion, to close this transaction, without holdback of any part of the Purchase Price, on the Vendor’s undertaking to complete the Dwelling. The Purchaser hereby agrees to accept the Vendor's covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers, in full satisfaction of the Purchaser's rights under the Construction Lien Act, and will not claim any lien holdback on closinga fee. (b) During the initial construction of improvements to any portion of the Second Amendment Expansion Space (or to any Expansion Space or Available Space that is added to the Premises pursuant to Exhibit I or J hereto), Landlord shall use reasonable efforts to control access to the space(s) under construction, subject to standard building rules and procedures, and subject to Tenant’s right to monitor, inspect and direct the construction work in such space, until such construction is completed. (c) At any time after all or any portion of the 12th Floor Expansion Space is added to the Premises, Tenant shall have the right, subject to the conditions set forth below, to require that additional elevator access be provided to one floor of the Premises (to create a transfer floor for Tenant’s use, or to serve a floor in the Premises through which existing elevators now pass but do not stop) through the installation and construction of building standard elevator doorways and door frames, call buttons, and related improvements, and the reprogramming of all of the elevators in one elevator bank. Tenant’s right to require such additional elevator access shall be conditioned upon (i) The Vendor represents and warrants to the Purchaser Project’s elevator contractor first determining that the Vendor elevator service after any such additional access is created will remain consistent in good standing all respects with Tarion Warranty Corporation (formerly the Ontario New Home Warranty Program) (“Tarion”). The Vendor covenants that on the closing of this transaction a written warranty in the Tarion standard form will be requested by the Vendor from Tarion and that a warranty certificate will be mailed directly to the Purchaser by Tarion. The Purchaser agrees to accept such warranty in lieu of any other warranty or guaranteefirst class office project, expressed or implied, it being understood and agreed that there is no representation, warranty, guarantee, collateral agreement or condition precedent to, concurrent with, or in any way affecting this Agreement or the Property other than as expressed herein and more specifically, the Purchaser absolves the Vendor from any representations made by any and all sales representatives unless the same have been reduced to writing herein. This Agreement represents and expresses the entire Agreement between the parties hereto. WEB COPY (ii) The parties agree that the Purchaser any such additional access complying with all applicable Legal Requirements, (or the Purchaser’s designateiii) will meet at the Dwelling on or before the Closing Date to conduct the pre-delivery inspection (the “PDI”). The Purchaser acknowledges that the warranties any such additional access being given by the Vendor to the Purchaser under the terms of the Ontario New Home Warranties Plan Act R.S.O. 1990 C.O.-31 (the “Act”) and which Act is administered by the Tarion Warranty Corporation (hereinafter called “Tarion”) are the only warranties at law or otherwise being given to the Purchaser by the Vendor under the terms of this Agreement of Purchase and Sale. In this regard the Purchaser agrees that approximately seven (7) days prior to the Closing Date, the Purchaser will contact the Vendor to arrange to inspect the Property with the Vendor's representative. The Purchaser shall not be entitled to examine the Dwelling except when accompanied by a representative of the Vendor. During such inspection all damaged, incomplete or missing items and anything that is not in good operating condition, if any, shall be listed in writing on the Certificate of Completion and Possession form (the “CCP”) and the Pre-Delivery Inspection form (the “PDI Form”) provided for by Tarion and which forms shall be signed by the Purchaser and the Vendor's representative. Save as so listed the Purchaser shall be conclusively deemed to have accepted the Property as complete created in accordance with this Agreement. The Vendor shall complete all matters set out in the CCP plans and the PDI Form as soon as reasonably practicable. Furtherprocedures acceptable to Landlord, the Vendor agrees to rectify any defects in materials or workmanship covered by the Tarion warranty issued to the Purchaser as soon as reasonably practicable after the same has been called to the Vendor's attention by notice in writing, including having regard to weather conditions and availability of trades and materials. The Purchaser acknowledges that construction materials shrink as they dry resulting in nail ‘pops’. Year-end drywall repairs will consist of compound patching only. Pursuant to Tarion policy, sanding and/or priming will be the responsibility of the Purchaser. The Vendor will endeavour to match colours of materials as closely as possible. The Purchaser further agrees that the Vendor shall have the right to enter upon the Property and Dwelling after completion of the transaction in order to complete such items as are contained in the CCP and PDI Form and for all warranty services that may be required to be performed by Tarion, all inspections, Home Owner service work, and/or work required by trades. (iii) The completion of the PDI and the completion and signing of the CCP and PDI Form as aforesaid are conditions of the Vendor's obligation to give occupancy of the Property and complete this transaction. (iv) The Purchaser acknowledges having been advised that a Homeowner Information Package (“HIP”) developed all such work being performed by TARION is available from Tarion and that the Vendor will deliver one to the Purchaser Landlord, but at or before the PDITenant’s expense. The Purchaser agrees that either the Purchaser or the Purchaser’s designate, will execute and provide to the Vendor the prescribed Confirmation of Receipt of the HIP (the “Receipt”) forthwith upon receipt of the HIP. (v) Notwithstanding anything else herein contained, the Purchaser Tenant shall be entitled obligated to send a designate to conduct pay for the PDI in the Purchaser’s place or attend with their designate, provided the Purchaser first provides to the Vendor the Appointment of Designate for PDI in the form prescribed by Tarion (the “Appointment Form”), prior to the PDI. If the Purchaser appoints a designate, the Purchaser acknowledges and agrees that the Purchaser shall be bound by all of the documentation executed by the designate to the same degree and with the force and effect as if executed by the Purchaser personally. (vi) In the event the Purchaser or the Purchaser’s designate, as the case may be, fails to attend the PDI or fails to execute the CCP and PDI Form at the conclusion of the PDI, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, complete the CCP and PDI Form on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s or the Purchaser’s designate, as the case may be, attorney to complete the CCP and PDI Form on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser shall be bound as if the Purchaser or the Purchaser’s designate, as the case may be, had executed the CCP and PDI Form. (vii) In the event the Purchaser and/or the Purchaser’s designate fails to execute the Receipt forthwith upon receipt thereof, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, execute the Receipt on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s and/or the Purchaser’s designate, as the case may be, attorney to execute the Receipt on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser and/or the Purchaser’s designate, as the case may be, shall be deemed to have executed the Receipt. (viii) The registration of the transfer to the Purchaser shall constitute acceptance by the Purchaser of the Property and shall be deemed to be a complete release by the Purchaser, of the Vendor under this Agreement from any and all liability cost of any kind whatsoever under elevator study required pursuant to this Agreement save only for the completion after closing of the worksection, if anywhether or not, listed as aforesaid on the CCP and PDI Form, or, if nothing such additional elevator access is listed thereon, as required to be done in accordance with this Agreement. If the Purchaser is more than one person, only one such Purchaser need attend the PDI and sign the CCP, PDI Form and Receipt and each Purchaser hereby irrevocably appoints the other Purchaser or Purchasers as agent for the purpose of attending the PDI and signing the CCP, PDI Form and Receipt. For purposes of the Appointment Form, the same designate must be collectively appointed by all such Purchasers. There shall be no holdback for uncompleted work and the full balance of the Purchase Price will be paid to the Vendor on closingconstructed.

Construction Matters. CONSTRUCTION AND OCCUPANCY OF DWELLING: Landlord shall permit WCL Architects to provide all architectural services (aincluding schematic, design and construction drawings) required in connection with the First Amendment Improvements. The Vendor will construct (if not already constructed) fees for WCL Architects shall be paid by Tenant and complete upon may be paid from the Property a dwelling First Amendment Allowance. When the final plans and specifications for the First Amendment Improvements have been approved by Landlord (the "Dwelling") “Approved Plans”), Landlord shall submit the Approved Plans to three contractors for Approved CyberOptics Legal DH competitive bidding. Upon receipt of the type hereinbefore indicated substantially bids, Landlord shall enter into a contract with the general contractor selected by Tenant to perform the First Amendment Improvements (the “General Contractor”). Although Landlord shall oversee the construction of the First Amendment Improvements by the General Contractor, Landlord shall not charge Tenant a supervision fee to oversee such construction. If the cost of designing, engineering and constructing the First Amendment Improvements in accordance with the plans and specifications available for viewing by Approved Plans exceeds an amount equal to Ten Dollars ($10.00) times the Purchaser at the Vendor’s sales office. Notwithstanding anything else herein contained, if for any reason except for the wilful neglect actual number of the Vendor the Dwelling is not completed, utility services are not operative, the Planning Act has not been complied with, or the Dwelling has not been approved for occupancy by the Municipality on or before the Closing Date, the Purchaser agrees to grant and hereby grants such extension or extensions of time for completion of the foregoing as may be required by the Vendor and, subject to the provisions of the Addendum, the Closing Date shall be extended accordingly. Subject to the foregoing, if the Dwelling is not completed on or before the original or the extended closing date, or the said Dwelling type cannot be sited or built in accordance with the requirements of any governmental authority, this Agreement shall be considered as frustrated in accordance with clause 10(e) of the Addendum and all deposit monies shall be repaid to the Purchaser with interest and all parties hereto shall be relieved of any liability or obligation hereunder. The Purchaser acknowledges that construction of the Dwelling is subject to the Vendor’s overall construction schedule within the subdivision and that an extension of the Closing Date due to commencement of any phase of construction of the Dwelling at a date other than the earliest possible date shall not constitute or be deemed wilful neglect. The Vendor may, at its option, delay the Closing Date for one (1) business day if the Purchaser is not ready to close without payment of delayed closing compensation. The Dwelling shall be deemed to be completed when all interior work has been substantially completed as determined by the Vendor, and the Purchaser agrees in such case, provided the Municipality has approved the Dwelling for occupancy and the Vendor has provided the evidence required by Tarion, to close this transaction, without holdback of any part of the Purchase Price, on the Vendor’s undertaking to complete the Dwelling. The Purchaser hereby agrees to accept the Vendor's covenant of indemnity regarding lien claims which are the responsibility of the Vendor, its trades and/or suppliers, in full satisfaction of the Purchaser's rights under the Construction Lien Act, and will not claim any lien holdback on closing. (b) (i) The Vendor represents and warrants to the Purchaser that the Vendor is in good standing with Tarion Warranty Corporation (formerly the Ontario New Home Warranty Program) (“Tarion”). The Vendor covenants that on the closing of this transaction a written warranty rentable square feet in the Tarion standard form will be requested by the Vendor from Tarion and that a warranty certificate will be mailed directly to the Purchaser by Tarion. The Purchaser agrees to accept such warranty in lieu of any other warranty or guarantee, expressed or implied, it being understood and agreed that there is no representation, warranty, guarantee, collateral agreement or condition precedent to, concurrent with, or in any way affecting this Agreement or the Property other than as expressed herein and more specifically, the Purchaser absolves the Vendor from any representations made by any and all sales representatives unless the same have been reduced to writing herein. This Agreement represents and expresses the entire Agreement between the parties hereto. WEB COPY (ii) The parties agree that the Purchaser (or the Purchaser’s designate) will meet at the Dwelling on or before the Closing Date to conduct the pre-delivery inspection Remaining Premises (the “PDIBudgeted Improvement Allowance Threshold”). The Purchaser acknowledges that the warranties being given by the Vendor , or if Tenant requests changes to the Purchaser under Approved Plans which increase the terms cost of constructing the Ontario New Home Warranties Plan Act R.S.O. 1990 C.O.-31 First Amendment Improvements above the Budgeted Improvement Allowance Threshold, then in either case Tenant shall pay any such costs which exceed the Budgeted Improvement Allowance Threshold (the “ActExcess Costs”) and which Act is administered by the Tarion Warranty Corporation within thirty (hereinafter called “Tarion”) are the only warranties at law or otherwise being given to the Purchaser by the Vendor under the terms of this Agreement of Purchase and Sale. In this regard the Purchaser agrees that approximately seven (730) days prior after receiving Landlord’s invoice for such Excess Costs. If Tenant fails to the Closing Datepay any Excess Costs within such thirty (30) day period, the Purchaser will contact the Vendor to arrange to inspect the Property with the Vendor's representative. The Purchaser shall not be entitled to examine the Dwelling except when accompanied by a representative of the Vendor. During such inspection all damaged, incomplete or missing items and anything that is not in good operating condition, if any, shall be listed in writing on the Certificate of Completion and Possession form (the “CCP”) and the Pre-Delivery Inspection form (the “PDI Form”) provided for by Tarion and which forms shall be signed by the Purchaser and the Vendor's representative. Save as so listed the Purchaser shall be conclusively deemed to have accepted the Property as complete in accordance with this Agreement. The Vendor shall complete all matters set out in the CCP and the PDI Form as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Tarion warranty issued to the Purchaser as soon as reasonably practicable after the same has been called to the Vendor's attention by notice in writing, including having regard to weather conditions and availability of trades and materials. The Purchaser acknowledges that construction materials shrink as they dry resulting in nail ‘pops’. Year-end drywall repairs will consist of compound patching only. Pursuant to Tarion policy, sanding and/or priming will be the responsibility of the Purchaser. The Vendor will endeavour to match colours of materials as closely as possible. The Purchaser further agrees that the Vendor Landlord shall have the right to enter upon pay the Property and Dwelling after completion of Excess Costs from the transaction in order to complete such items as are contained in the CCP and PDI Form and for all warranty services that may be required to be performed by Tarion, all inspections, Home Owner service work, and/or work required by tradesSupplemental Allowance. (iii) The completion of the PDI and the completion and signing of the CCP and PDI Form as aforesaid are conditions of the Vendor's obligation to give occupancy of the Property and complete this transaction. (iv) The Purchaser acknowledges having been advised that a Homeowner Information Package (“HIP”) developed by TARION is available from Tarion and that the Vendor will deliver one to the Purchaser at or before the PDI. The Purchaser agrees that either the Purchaser or the Purchaser’s designate, will execute and provide to the Vendor the prescribed Confirmation of Receipt of the HIP (the “Receipt”) forthwith upon receipt of the HIP. (v) Notwithstanding anything else herein contained, the Purchaser shall be entitled to send a designate to conduct the PDI in the Purchaser’s place or attend with their designate, provided the Purchaser first provides to the Vendor the Appointment of Designate for PDI in the form prescribed by Tarion (the “Appointment Form”), prior to the PDI. If the Purchaser appoints a designate, the Purchaser acknowledges and agrees that the Purchaser shall be bound by all of the documentation executed by the designate to the same degree and with the force and effect as if executed by the Purchaser personally. (vi) In the event the Purchaser or the Purchaser’s designate, as the case may be, fails to attend the PDI or fails to execute the CCP and PDI Form at the conclusion of the PDI, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, complete the CCP and PDI Form on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s or the Purchaser’s designate, as the case may be, attorney to complete the CCP and PDI Form on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser shall be bound as if the Purchaser or the Purchaser’s designate, as the case may be, had executed the CCP and PDI Form. (vii) In the event the Purchaser and/or the Purchaser’s designate fails to execute the Receipt forthwith upon receipt thereof, the Vendor may declare the Purchaser to be in default under this Agreement and may exercise any or all of its remedies set forth herein and at law. Alternatively, the Vendor may, at its option, execute the Receipt on behalf of the Purchaser or the Purchaser’s designate, as the case may be, and the Purchaser and/or the Purchaser’s designate, as the case may be, hereby irrevocably appoints the Vendor as the Purchaser’s and/or the Purchaser’s designate, as the case may be, attorney to execute the Receipt on the Purchaser’s or the Purchaser’s designate’s behalf, as the case may be, and, in which event, the Purchaser and/or the Purchaser’s designate, as the case may be, shall be deemed to have executed the Receipt. (viii) The registration of the transfer to the Purchaser shall constitute acceptance by the Purchaser of the Property and shall be deemed to be a complete release by the Purchaser, of the Vendor under this Agreement from any and all liability of any kind whatsoever under this Agreement save only for the completion after closing of the work, if any, listed as aforesaid on the CCP and PDI Form, or, if nothing is listed thereon, as required to be done in accordance with this Agreement. If the Purchaser is more than one person, only one such Purchaser need attend the PDI and sign the CCP, PDI Form and Receipt and each Purchaser hereby irrevocably appoints the other Purchaser or Purchasers as agent for the purpose of attending the PDI and signing the CCP, PDI Form and Receipt. For purposes of the Appointment Form, the same designate must be collectively appointed by all such Purchasers. There shall be no holdback for uncompleted work and the full balance of the Purchase Price will be paid to the Vendor on closing.