Common use of Pro Rata Adjustments Clause in Contracts

Pro Rata Adjustments. All charges for water, sewer, electricity, natural gas, homeowner’s 121 association/condominium dues and rents shall be prorated between the parties as of the closing date. 122 SIGHT UNSEEN CONDITION: Buyer(s) intends to purchase Property sight unseen: 🞎 Yes 🞎 No If “Yes,” see 123 attached SIGHT UNSEEN ADDENDUM. 124 INSPECTIONS AND INVESTIGATIONS: Buyer(s) is advised by ▇▇▇▇▇▇(s)/Agent(s) to obtain inspections and 125 investigations as allowed in the Contingencies section. Buyer(s) acknowledges that ▇▇▇▇▇(s) should make inquiries and 126 consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning 127 the use of the Property and the surrounding areas under applicable building, zoning, fire, health, and safety codes, and for 128 evaluation of potential hazards. Buyer(s) shall keep the Property free and clear of liens, shall indemnify and hold Seller(s) 129 harmless from all liability, claims, demands, damages, and costs, and shall be responsible for repair of all damages arising 130 from the inspections. The Inspection Period is the Buyer’s sole opportunity to discover any existing defects prior to Closing. 131 Buyer(s) waives any claim for an item warranted by the Seller(s) if ▇▇▇▇▇(s) becomes aware of such claim during the 132 Inspection Period and does not notify the Seller(s) in writing of such. Buyer(s) specifically releases, holds harmless, and 133 indemnifies Broker(s) from any liability for any defects in the Property. If Buyer(s) requests repairs, Buyer(s) shall provide 134 Seller(s) and Broker(s) upon receipt, at no cost, copies of referenced reports, if any, concerning the Property obtained by 135 Buyer(s). 136 All inspections and/or tests shall be done by inspector(s) or tester(s) of Buyer’s choice, at ▇▇▇▇▇’s sole expense. Inspector(s) 137 or tester(s) should be qualified to do the inspections and/or tests. If a home inspector is used in North Dakota, the home 138 inspector must be licensed through the State of North Dakota. The qualifications of other inspector(s) or tester(s) must be 139 evidenced by any applicable license or professional designation. Buyer(s) shall not have the right to do intrusive testing 140 without the prior written authorization of Seller(s). For purposes of this form, “intrusive testing” shall mean any testing, 141 inspection or investigation that changes the Property from its original condition or otherwise damages the Property. 142 Inspections and/or tests may include but are not limited to the following: electrical system, plumbing system, central 143 cooling system, central heating system, ceilings, floors, basement, foundation, walls, windows, exterior, roof, radon, mold, 144 and asbestos. 145 Seller(s) will provide access to attic(s) and crawlspace(s). 146 CONTINGENCIES: 147 The enforceability of this Purchase Agreement is subject to the satisfaction of all those contingencies which are initialed 148 below by both parties. 149 If notice of termination as hereafter provided is delivered by 11:59 PM on , or on a date 150 which is specifically referenced in Paragraphs 1 through 16 below, (“Alternative Completion Date”), then this Purchase 151 Agreement shall terminate, and the Buyer(s) shall receive a full refund of the ▇▇▇▇▇▇▇ money. If a party has the right to 152 give notice of termination and fails to give timely notice regarding a contingency, that contingency is waived. However, if 153 Seller(s) is obligated to provide documents to Buyer(s), the contingency completion date for that contingency shall be 154 extended so that Buyer(s) has a minimum of 72 hours following receipt of all such documents within which to deliver notice 155 of termination. 156 INITIAL ALL APPLICABLE CONTINGENCIES AND, IF THE BUYER(S) CAN COMPLETE THE CONTINGENCY OR 157 GIVE NOTICE OF TERMINATION BY AN ALTERNATIVE COMPLETION DATE OTHER THAN THE DATE SET 158 FORTH ABOVE, INSERT THE APPROPRIATE DATE. (If no date is inserted, refer to Line 149.) 159 CONTINGENCIES:

Pro Rata Adjustments. All charges for water, sewer, electricity, natural gas, homeowner’s 121 172 association/condominium dues and rents shall be prorated between the parties as of the closing date. 122 Seller(s) to transfer 173 security deposit and interest, if any, on leases to Buyer(s) at closing. 174 SIGHT UNSEEN CONDITION: Buyer(s) intends to purchase Property sight unseen: 🞎 Yes 🞎 No If “Yes,” see 12175 3 attached SIGHT UNSEEN ADDENDUM. 12176 4 INSPECTIONS AND INVESTIGATIONS: Buyer(s) is advised by ▇▇▇▇▇▇(s)/AgentBroker(s)/Agent(s(s) to obtain inspections and 12177 5 investigations as allowed in the Contingencies section. Buyer(s) acknowledges that ▇▇▇▇▇(s) should make inquiries and 12178 6 consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning 12179 7 the use of the Property and the surrounding areas under applicable building, zoning, fire, health, and safety codes, and for 12180 8 evaluation of potential hazards. Buyer(s) shall keep the Property free and clear of liens, shall indemnify and hold Seller(s) 12181 9 harmless from all liability, claims, demands, damages, and costs, and shall be responsible for repair of all damages arising 13182 0 from the inspections. The Inspection Period is the Buyer’s sole opportunity to discover any existing defects prior to Closing. 13183 1 Buyer(s) waives any claim for an item warranted by the Seller(s) if ▇▇▇▇▇(s) becomes aware of such claim during the 13184 2 Inspection Period and does not notify the Seller(s) in writing of such. Buyer(s) specifically releases, holds harmless, and 13185 3 indemnifies Broker(s) from any liability for any defects in the Property. If Buyer(s) requests repairs, Buyer(s) shall provide 13186 4 Seller(s) and Broker▇▇▇▇▇▇(s(s) upon receipt, at no cost, copies of referenced reports, if any, concerning the Property obtained by 13187 5 Buyer(s). 13188 6 All inspections and/or tests shall be done by inspector(s) or tester(s) of Buy▇▇▇▇▇er’s choice, at ▇▇▇▇▇’s sole expense. Inspector(s) 13189 7 or tester(s) should be qualified to do the inspections and/or tests. If a home inspector is used in North Dakota, the home 13190 8 inspector must be licenseregistered d through the State of North Dakota. The qualifications of other inspector(s) or tester(s) mus191 t be 139 evidenced by any applicable license or professional designation. Buyer(s) shall not have the right to do intrusive testing 14192 0 without the prior written authorization of Seller(s). For purposes of this form, “intrusive testing” shall mean any testing, 14193 1 inspection or investigation that changes the Property from its original condition or otherwise damages the Property. 14194 2 Inspections and/or tests may include but are not limited to the following: electrical system, plumbing system, central 14195 3 cooling system, central heating system, ceilings, floors, basement, foundation, walls, windows, exterior, roof, radon, mold, 14196 4 and asbestos. 14197 5 Seller(s) will provide access to attic(s) and crawlspace(s). 14198 6 CONTINGENCIES: 14199 7 The enforceability of this Purchase Agreement is subject to the satisfaction of all those contingenciecontingences s which are initialed 14200 8 below by both parties. 149 If notice of termination as hereafter provided is delivered by 11:59 PM on , or on a date 150 which is specifically referenced in Paragraphs 1 through 16 below, (“Alternative Completion Date”), then this Purchase 151 Agreement shall terminate, and th201 e Buyer(s) shall receive a full refunhave the option to negotiate defects, waive the contingency or terminate the Purchase Agreement upon the 202 completion d of theach contingency. If e ▇▇▇▇▇▇▇ mon(s) fails to complete contingencies and/or notify the Seller(s) by 11:59 pm on the 203 date stated in the Completion Date column, the contingency shall be deemed removed and the Purchase Agreement shall 204 be in full force and effectey. If a party has the right to 152 give notice of termination and fails to give timely notice regarding a contingency, that contingency is waived. However, if 153 Seller(s) is obligated to provide documents to Buyer(s), the contingency completion date fo205 r that contingency shall be 154 extended so that Buyer(s) has a minimum of 72 hours following receipt of all such documents within which t206 o delivea resolution or r notice 155 of termination. 15207 If such written notice is given by the party who has the right to give notice, the party receiving the notice agrees, within 208 two (2) calendar days of receipt of notice of termination, to sign and deliver to the terminating party a CANCELLATION 209 OF PURCHASE AGREEMENT with return of ▇▇▇▇▇▇▇ money, if any, to the Buyer(s); provided, a refusal by the party 210 receiving the notice to sign and deliver the CANCELLATION OF PURCHASE AGREEMENT shall not limit the effect of 211 the terminating party’s decision to terminate the Purchase Agreement. 212 6 INITIAL ALL APPLICABLE CONTINGENCIES AND, IF THE BUYER(S) CAN COMPLETE THE CONTINGENCY OR 157 GIVE NOTICE OF TERMINATION BY AN ALTERNATIVE COMPLETION DATE OTHER THAN THE DATE SET 158 FORTH ABOVE, INSERT THE APPROPRIATE DACONTINGENCIESTE. (If no date is inserted, refer to Line 149.) 15213 9 CONTINGENCIES:

Pro Rata Adjustments. All charges for water, sewer, electricity, natural gas, homeowner’s 121 184 association/condominium dues and rents shall be prorated between the parties as of the closing date. 122 Builder(s) to transfer 185 security deposit and interest, if any, on leases to Buyer(s) at closing. 186 SIGHT UNSEEN CONDITION: Buyer(s) intends to purchase Property sight unseen: 🞎 Yes 🞎 No If “Yes,” see 12187 3 attached SIGHT UNSEEN ADDENDUM. 12188 4 INSPECTIONS AND INVESTIGATIONS: Buyer(s) is advised by ▇▇▇▇▇▇(s)/AgentBroker(s)/Agent(s(s) to obtain inspections and 12189 5 investigations as allowed in the Contingencies section. Buyer(s) acknowledges that ▇▇▇▇▇(s) should make inquiries and 12190 6 consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning 12191 7 the use of the Property and the surrounding areas under applicable building, zoning, fire, health, and safety codes, and for 12192 8 evaluation of potential hazards. Buyer(s) shall keep the Property free and clear of liens, shall indemnify and hold SellerBuilder(s(s) 12193 9 harmless from all liability, claims, demands, damages, and costs, and shall be responsible for repair of all damages arising 13194 0 from the inspections. The Inspection Period is the Buyer’s sole opportunity to discover any existing defects prior to Closing. 131 Buyer(s) waives any claim for an item warranted by the SellerBuilder(s(s) if ▇▇▇▇▇(s) becomes aware of suc195 h claim during the 132 Inspection Period and does not notify the SellerBuilder(s(s) in writing of such. Buyer(s) specifically releases196 , holds harmless, and 133 indemnifies Broker(s) from any liability for any defects in the Property. If Buyer(s) requests repairs197 , Buyer(s) shall provide 134 SellerBuilder(s(s) and Broker(s) upon receipt, at no cost, copies of referenced reports, if any, concerning th198 e Property obtained by 135 Buyer▇▇▇▇▇(s(s). 13199 6 All inspections and/or tests shall be done by inspector(s) or tester(s) of Buy▇▇▇▇▇er’s choice, at ▇▇▇▇▇’s sole expense. Inspector(s) 13200 7 or tester(s) should be qualified to do the inspections and/or tests. If a home inspector is used in North Dakota, the home 13201 8 inspector must be licenseregistered d through the State of North Dakota. The qualifications of other inspector(s) or tester(s) mus202 t be 139 evidenced by any applicable license or professional designation. Buyer(s) shall not have the right to do intrusive testing 14203 0 without the prior written authorization of SellerBuilder(s(s). For purposes of this form, “intrusive testing” shall mean any testing, 14204 1 inspection or investigation that changes the Property from its original condition or otherwise damages the Property. 14205 2 Inspections and/or tests may include but are not limited to the following: electrical system, plumbing system, central 14206 3 cooling system, central heating system, ceilings, floors, basement, foundation, walls, windows, exterior, roof, radon, mold, 14207 4 and asbestos. 145 Seller208 Builder(s(s) will provide access to attic(s) and crawlspace(s). 14209 6 CONTINGENCIES: 14210 7 The enforceability of this Purchase Agreement is subject to the satisfaction of all those contingenciecontingences s which are initialed 14211 8 below by both parties. 149 If notice of termination as hereafter provided is delivered by 11:59 PM on , or on a date 150 which is specifically referenced in Paragraphs 1 through 16 below, (“Alternative Completion Date”), then this Purchase 151 Agreement shall terminate, and th212 e Buyer(s) shall receive a full refunhave the option to negotiate defects, waive the contingency or terminate the Purchase Agreement upon the 213 completion d of theach contingency. If e ▇▇▇▇▇▇▇ mon(s) fails to complete contingencies and/or notify the Builder(s) by 11:59 pm on the 214 date stated in the Completion Date column, the contingency shall be deemed removed and the Purchase Agreement shall 215 be in full force and effectey. If a party has the right to 152 give notice of termination and fails to give timely notice regarding a contingency, that contingency is waived. However, if 153 SellerBuilder(s(s) is obligated to provide documents to Buyer(s), the contingency completion date fo216 r that contingency shall be 154 extended so that Buyer(s) has a minimum of 72 hours following receipt of all such documents within which t217 o delivea resolution or r notice 155 of termination. 156 INITIAL ALL APPLICABLE CONTINGENCIES A218 If such written notice is given by the party who has the right to give noticeND, IF THE BUYERthe party receiving the notice agrees, within 219 two (2(S) CAN COMPLETE THE CONTINGENCY OR 157 GIVE NOTICcalendar days of receipt of notice of termination, to sign and deliver to the terminating party a CANCELLATION 220 E OF TERMINATION BY AN ALTERNATIVE COMPLETION DATE OTHER THAN THE DATE SET 158 FORTH ABOPURCHASE AGREEMENT with release of ▇▇▇▇▇▇▇ moneyVE, INSERT THE APPROPRIATE DAif any, to 🞎 Builder(s) 🞎 Buyer(s) ; provided, a refusal 221 by the party receiving the notice to sign and deliver the CANCELLATION OF PURCHASE AGREEMENT shall not limit 222 the effect of the terminating party’s decision to terminate the Purchase AgreementTE. (If no date is inserted, refer to Line 149.) 15223 9 CONTINGENCIES:

Pro Rata Adjustments. All charges for water, sewer, electricity, natural gas, homeowner’s 121 173 association/condominium dues and rents shall be prorated between the parties as of the closing date. 122 Seller(s) to transfer 174 security deposit and interest, if any, on leases to Buyer(s) at closing. 175 SIGHT UNSEEN CONDITION: Buyer(s) intends to purchase Property sight unseen: 🞎 Yes 🞎 No If “Yes,” see 12176 3 attached SIGHT UNSEEN ADDENDUM. 12177 4 INSPECTIONS AND INVESTIGATIONS: Buyer(s) is advised by ▇▇▇▇▇▇(s)/AgentBroker(s)/Agent(s(s) to obtain inspections and 12178 5 investigations as allowed in the Contingencies section. Buyer(s) acknowledges that ▇▇▇▇▇(s) should make inquiries and 12179 6 consult government agencies, lenders, insurance agents, architects, and other appropriate persons and entities concerning 12180 7 the use of the Property and the surrounding areas under applicable building, zoning, fire, health, and safety codes, and for 12181 8 evaluation of potential hazards. Buyer(s) shall keep the Property free and clear of liens, shall indemnify and hold Seller(s) 12182 9 harmless from all liability, claims, demands, damages, and costs, and shall be responsible for repair of all damages arising 13183 0 from the inspections. The Inspection Period is the Buyer’s sole opportunity to discover any existing defects prior to Closing. 13184 1 Buyer(s) waives any claim for an item warranted by the Seller(s) if ▇▇▇▇▇(s) becomes aware of such claim during the 13185 2 Inspection Period and does not notify the Seller(s) in writing of such. Buyer(s) specifically releases, holds harmless, and 13186 3 indemnifies Broker(s) from any liability for any defects in the Property. If Buyer(s) requests repairs, Buyer(s) shall provide 13187 4 Seller(s) and Broker(s) upon receipt, at no cost, copies of referenced reports, if any, concerning the Property obtained by 13188 5 Buyer(s). 13189 6 All inspections and/or tests shall be done by inspector(s) or tester(s) of Buy▇▇▇▇▇er’s choice, at ▇▇▇▇▇’s sole expense. Inspector(s) 13190 7 or tester(s) should be qualified to do the inspections and/or tests. If a home inspector is used in North Dakota, the home 13191 8 inspector must be licenseregistered d through the State of North Dakota. The qualifications of other inspector(s) or tester(s) mus192 t be 139 evidenced by any applicable license or professional designation. Buyer(s) shall not have the right to do intrusive testing 14193 0 without the prior written authorization of Seller(s). For purposes of this form, “intrusive testing” shall mean any testing, 14194 1 inspection or investigation that changes the Property from its original condition or otherwise damages the Property. 14195 2 Inspections and/or tests may include but are not limited to the following: electrical system, plumbing system, central 14196 3 cooling system, central heating system, ceilings, floors, basement, foundation, walls, windows, exterior, roof, radon, mold, 14197 4 and asbestos. 14198 5 Seller(s) will provide access to attic(s) and crawlspace(s). 14199 6 CONTINGENCIES: 14200 7 The enforceability of this Purchase Agreement is subject to the satisfaction of all those contingenciecontingences s which are initialed 14201 8 below by both parties. 149 If notice of termination as hereafter provided is delivered by 11:59 PM on , or on a date 150 which is specifically referenced in Paragraphs 1 through 16 below, (“Alternative Completion Date”), then this Purchase 151 Agreement shall terminate, and th202 e Buyer(s) shall receive a full refunhave the option to negotiate defects, waive the contingency or terminate the Purchase Agreement upon the 203 completion d of theach contingency. If e ▇▇▇▇▇▇▇ mon(s) fails to complete contingencies and/or notify the Seller(s) by 11:59 pm on the 204 date stated in the Completion Date column, the contingency shall be deemed removed and the Purchase Agreement shall 205 be in full force and effectey. If a party has the right to 152 give notice of termination and fails to give timely notice regarding a contingency, that contingency is waived. However, if 153 Seller(s) is obligated to provide documents to Buyer(s), the contingency completion date fo206 r that contingency shall be 154 extended so that Buyer(s) has a minimum of 72 hours following receipt of all such documents within which t207 o delivea resolution or r notice 155 of termination. 15208 If such written notice is given by the party who has the right to give notice, the party receiving the notice agrees, within 209 two (2) calendar days of receipt of notice of termination, to sign and deliver to the terminating party a CANCELLATION 210 OF PURCHASE AGREEMENT with return of ▇▇▇▇▇▇▇ money, if any, to the Buyer(s); provided, a refusal by the party 211 receiving the notice to sign and deliver the CANCELLATION OF PURCHASE AGREEMENT shall not limit the effect of 212 the terminating party’s decision to terminate the Purchase Agreement. 213 6 INITIAL ALL APPLICABLE CONTINGENCIES AND, IF THE BUYER(S) CAN COMPLETE THE CONTINGENCY OR 157 GIVE NOTICE OF TERMINATION BY AN ALTERNATIVE COMPLETION DATE OTHER THAN THE DATE SET 158 FORTH ABOVE, INSERT THE APPROPRIATE DACONTINGENCIESTE. (If no date is inserted, refer to Line 149.) 15214 9 CONTINGENCIES: