WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 10 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ may deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 obligations under this Contract. 346 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:
Appears in 2 contracts
Sources: Residential Contract for Sale and Purchase, Real Estate Purchase Agreement
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer ▇▇▇▇▇ and Seller from all further 345 ________ ________ ________ ________ 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by ▇▇▇▇▇, Buyer or ▇▇▇▇▇’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 2 contracts
Sources: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 261 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall 263 will, within 335 10 5 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 265 copy delivered to Buyer. Seller shall will have treatments and repairs made in accordance with Paragraph 12(f) 338 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may 268 deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 343 ▇▇▇▇▇ does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 344 the other, and ▇▇▇▇▇ shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further 345 obligations under this Contract. 346 274 (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 or ▇▇▇▇▇’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
Sources: Residential Contract for Sale and Purchase, Residential Contract for Sale and Purchase
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 ________ ________ ________ ________ _ _ _ _ 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer ▇▇▇▇▇ and Seller from all further 345 ________ ________ ________ ________ 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller ▇▇▇ ▇▇▇▇▇▇▇▇▇ the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by ▇▇▇▇▇, Buyer or ▇▇▇▇▇’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 307 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 308 Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 309 shall within 335 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated 310 by an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, 311 and a 337 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 312 12(f) 338 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 313 Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may 314 deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 315 make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the 316 Property in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing 317 Maintenance Requirement. If Buyer 343 does not deliver such written notice to Seller, then either party may 318 terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby 319 releasing Buyer and Seller from all further 345 obligations under this Contract. 346 320 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 321 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 322 determine whether there exist any open or expired building permits or unpermitted improvements to the 323 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 324 existence of any open or expired building permits or unpermitted improvements to the Property. 325 (ii) Close-Out of Building Permits: Seller shall, within 10 days after receipt of Buyer’s Permit Inspection 326 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 327 person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit 328 Limit, have open and expired building permits identified by Buyer or known to Seller closed by the applicable 329 governmental entity, and obtain and close any required building permits for improvements to the Property. 330 Prior to Closing Date, Seller will provide Buyer with any written documentation that all open and expired 331 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 332 required building permits for improvements to the Property. If final permit inspections cannot be performed 333 due to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such 334 final inspections, failing which, either party may terminate this Contract, and Buyer shall be refunded the 335 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. 336 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 337 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 338 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 339 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive 340 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 341 other, then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby 342 releasing Buyer and Seller from all further obligations under this Contract. 343 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date 344 prior to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through 345 (and follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of 346 Personal Property are on the Property and to verify that Seller has maintained the Property as required by the 347 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 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
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 329 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 330 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 331 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 332 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 333 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 334 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 335 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 336 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 337 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 338 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 339 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 340 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 341 obligations under this Contract. 346 342 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 343 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 344 determine whether there exist any open or expired building permits or unpermitted improvements to the 345 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 346 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 352 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 353 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 354 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 355 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 356 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 357 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 358 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 359 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 360 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 361 releasing Buyer and Seller from all further obligations under this Contract. 362 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 363 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 364 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 365 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 366 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 367 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 368 and Seller from all further obligations under this Contract. 369 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 370 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 371 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 372 Property are on the Property and to verify that Seller has maintained the Property as required by the 373 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 374 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 Inspection, 289 Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 cost, transfers 290 to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 10 days after 291 receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 appropriately licensed 292 person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 copy delivered to Buyer. 293 Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 below up to the WDO Repair 294 Limit. If cost to treat and repair the WDO infestations and damage to Property 339 exceeds the WDO Repair Limit, then 295 within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 notice to Seller agreeing to pay the 296 excess, or designating which WDO repairs Seller shall make (at a total cost 341 to Seller not exceeding the WDO 297 Repair Limit), and accepting the balance of the Property in its “as is” condition 342 with regard to WDO infestation and 298 damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 does not deliver such written notice to 299 Seller, then either party may terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ Buyer shall be refunded the 300 Deposit, thereby releasing Buyer and Seller from all further 345 obligations under this Contract. 346 301 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
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WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 obligations under this Contract. 346 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:.
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WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer ▇▇▇▇▇ and Seller from all further 345 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by ▇▇▇▇▇, Buyer or ▇▇▇▇▇’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 261 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller’s 334 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall 263 will, within 335 10 5 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by 264 an 336 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 265 copy delivered to Buyer. Seller shall will have treatments and repairs made in accordance with Paragraph 12(f) 338 266 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to 267 Property 339 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may 268 deliver written 340 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall 269 make (at a total cost 341 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property 270 in its “as is” condition 342 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance 271 Requirement. If Buyer 343 does not deliver such written notice to Seller, then either party may terminate this 272 Contract by written notice to 344 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and 273 Seller from all further 345 obligations under this Contract. 346 274 (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
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 317 Inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 318 cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 319 10 days after receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 320 appropriately licensed person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 321 copy delivered to Buyer. Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 322 below up to the WDO Repair Limit. If cost to treat and repair the WDO infestations and damage to Property 339 323 exceeds the WDO Repair Limit, then within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 324 notice to Seller agreeing to pay the excess, or designating which WDO repairs Seller shall make (at a total cost 341 325 to Seller not exceeding the WDO Repair Limit), and accepting the balance of the Property in its “as is” condition 342 326 with regard to WDO infestation and damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 327 does not deliver such written notice to Seller, then either party may terminate this Contract by written notice to 344 328 the other, and ▇▇▇▇▇ Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all further 345 ________ ________ ________ ________ 329 obligations under this Contract. 346 330 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS:: 331 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 332 determine whether there exist any open or expired building permits or unpermitted improvements to the 333 Property (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 334 existence of any open or expired building permits or unpermitted improvements to the Property. 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 shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 340 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and 341 a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have 342 open and expired building permits identified by Buyer or known to Seller closed by the applicable governmental 343 entity, and obtain and close any required building permits for improvements to the Property. Prior to Closing 344 Date, Seller will provide Buyer with any written documentation that all open and expired building permits 345 identified by Buyer or known to Seller have been closed out and that Seller has obtained and closed required 346 building permits for improvements to the Property. If final permit inspections cannot be performed due to delays 347 by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final inspections, 348 failing which, either party may terminate this Contract, and Buyer shall be refunded the Deposit, thereby 349 releasing Buyer and Seller from all further obligations under this Contract. 350 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 351 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (A) Seller may 352 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 353 accepting the Property in its “as is” condition with regard to building permit status and agreeing to receive credit 354 from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, 355 then either party may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer 356 and Seller from all further obligations under this Contract. 357 (e) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 358 to time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and 359 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 360 Property are on the Property and to verify that Seller has maintained the Property as required by the 361 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all other 362 contractual obligations.
Appears in 1 contract
WDO Repairs. If Seller previously treated the Property for the type of WDO found by ▇▇▇▇▇Buyer’s WDO 333 Inspection, 292 Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at Seller’s 334 cost, transfers 293 to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller shall within 335 10 days after 294 receipt of ▇▇▇▇▇Buyer’s WDO Inspector’s report, have reported WDO damage estimated by an 336 appropriately licensed 295 person, necessary corrective treatment, if any, estimated by a WDO Inspector, and a 337 copy delivered to Buyer. 296 Seller shall have treatments and repairs made in accordance with Paragraph 12(f) 338 below up to the WDO Repair 297 Limit. If cost to treat and repair the WDO infestations and damage to Property 339 exceeds the WDO Repair Limit, then 298 within 5 days after receipt of Seller’s estimate, ▇▇▇▇▇ Buyer may deliver written 340 notice to Seller agreeing to pay the 299 excess, or designating which WDO repairs Seller shall make (at a total cost 341 to Seller not exceeding the WDO 300 Repair Limit), and accepting the balance of the Property in its “as is” condition 342 with regard to WDO infestation and 301 damage, subject to Seller’s continuing Maintenance Requirement. If Buyer 343 does not deliver such written notice to 302 Seller, then either party may terminate this Contract by written notice to 344 the other, and ▇▇▇▇▇ Buyer shall be refunded the 303 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. 304 (d) INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 305 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 306 determine whether there exist any open or expired building permits or unpermitted improvements to the Property 307 (“Permit Inspection”). Buyer shall, within the Inspection Period, deliver written notice to Seller of the existence of 308 any open or expired building permits or unpermitted improvements to the Property. 309 (ii) Close-Out of Building Permits: Seller shall, within 10 days after receipt of Buyer’s Permit Inspection notice, 310 have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed person and a 311 copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shall, up to the Permit Limit, have open 312 and expired building permits identified by Buyer or known to Seller closed by the applicable governmental entity, 313 and obtain and close any required building permits for improvements to the Property. Prior to Closing Date, Seller 314 will provide Buyer with any written documentation that all open and expired building permits identified by Buyer or 315 known to Seller have been closed out and that Seller has obtained required building permits for improvements to 316 the Property. If final permit inspections cannot be performed due to delays by the governmental entity, Closing 317 Date shall be extended for up to 10 days to complete such final inspections, failing which, either party may 318 terminate this Contract, and Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all 319 further 345 obligations under this Contract. 346 320 If cost to close open or expired building permits or to remedy any permit violation of any governmental entity 321 exceeds Permit Limit, then within 5 days after a party’s receipt of estimates of cost to remedy: (dA) INSPECTION AND CLOSESeller may elect 322 to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller accepting 323 the Property in its “as is” condition with regard to building permit status and agreeing to receive credit from Seller 324 at Closing in the amount of Permit Limit. If neither party delivers such written notice to the other, then either party 325 may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from all 326 further obligations under this Contract. 327 (e) WALK-OUT OF BUILDING PERMITS:THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior to 328 time of Closing, as specified by Buyer, Buyer or Buyer’s representative may perform a walk-through (and follow-up 329 walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal Property are on the 330 Property and to verify that Seller has maintained the Property as required by the Maintenance Requirement, has 331 made repairs and replacements required by this Contract, and has met all other contractual obligations.
Appears in 1 contract