Common use of Damage, Inclusions and Services Clause in Contracts

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 630 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 633 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 634 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 635 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 636 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 637 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 638 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 639 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or 640 Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller▇▇▇▇▇▇'s right for any claim 630 against the 641 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that 642 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 628 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 629 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 630 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 631 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 632 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 633 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 634 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 635 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller▇▇▇▇▇▇'s right for any claim 630 636 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 637 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 619 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 620 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 621 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 622 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 623 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 624 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 625 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 626 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 630 627 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 628 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 632 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 633 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 634 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 635 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 636 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 637 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 638 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or 639 Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller▇▇▇▇▇▇'s right for any claim 630 against the 640 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that 641 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 594 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 595 between the date of this Contract and Closing or possession, whichever is shall be earlier, then Seller is shall be liable for the repair or 596 replacement 624 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent 597 that the 625 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 598 insurance 626 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 599 repaired or 627 replaced on or before Closing or possession, whichever is shall be earlier, Buyer has the Right to Terminate under § 25.1, 600 on or before 628 Closing Date (§ 3), or, at the option of Buyer, Buyer is shall be entitled to a credit at Closing for the repair or 601 replacement of such 629 Inclusion or Service. Such credit must shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 602 right for any claim 630 against the Association, if any, will shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 603 home warranty 631 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 749 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 750 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 751 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 752 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 753 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 754 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 755 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or 756 Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller's ▇▇▇▇▇▇’s right for any claim 630 against the 757 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that 758 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 672 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 673 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 676 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 677 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 678 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller▇▇▇▇▇▇'s right for any claim 630 679 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 680 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 605 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 606 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 607 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 608 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 609 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 610 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 611 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 612 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller's ▇▇▇▇▇▇’s right for any claim 630 613 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 614 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 588 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 589 between the date of this Contract and Closing or possession, whichever is shall be earlier, then Seller is shall be liable for the repair or 590 replacement 624 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent 591 that the 625 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any 592 insurance 626 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not 593 repaired or 627 replaced on or before Closing or possession, whichever is shall be earlier, Buyer has the Right to Terminate under § 25.1, 594 on or before 628 Closing Date (§ 3), or, at the option of Buyer, Buyer is shall be entitled to a credit at Closing for the repair or 595 replacement of such 629 Inclusion or Service. Such credit must shall not exceed the Purchase Price. If Buyer receives such a credit, Seller's 596 right for any claim 630 against the Association, if any, will shall survive Closing. Seller and Buyer are aware of the existence of pre-owned 597 home warranty 631 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 648 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 649 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 650 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 651 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 652 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 653 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 654 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or 655 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 630 against the 656 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that 657 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 662 services), system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 663 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 664 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 665 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 666 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 667 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 668 Closing Date (§ 3)Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or 669 Service. Such credit must not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller▇▇▇▇▇▇'s right for any claim 630 against the 670 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that 671 may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 services), 791 system, component or fixture of the Property (collectively Service), ) (e.g., heating or plumbing), fail or be damaged 623 between the date 792 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 of such Inclusion 793 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 maintenance or 794 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 proceeds received by 795 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 replaced on or before 796 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.12524.1,., on or before 628 Closing Date (§ 3)Date, or, at the 797 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 Inclusion or Service. Such credit must 798 not exceed the Purchase Price. If Buyer ▇▇▇▇▇ receives such a credit, Seller's ▇▇▇▇▇▇’s right for any claim 630 against the Association, if any, will survive 799 Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 programs that may be purchased and may cover the repair or replacement of such Inclusions.

Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 622 671 services), system, component or fixture of the Property (collectively Service), e.g., heating or plumbing, fail or be damaged 623 672 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 624 673 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 625 674 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 626 675 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 627 676 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 628 677 Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 629 678 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim 630 679 against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 631 680 programs that may be purchased and may cover the repair or replacement of such Inclusions.