ALTERATION TO STANDARD TERMS Clause Samples

The 'Alteration to Standard Terms' clause defines the process by which the standard terms of an agreement may be modified or amended. Typically, this clause specifies that any changes to the standard terms must be made in writing and agreed upon by all parties involved, ensuring that no informal or unilateral modifications are valid. Its core function is to maintain consistency and clarity in contractual obligations by preventing unauthorized or unintended changes to the agreed-upon terms.
ALTERATION TO STANDARD TERMS. (a) Clause 1.1(v)(ii) of the Terms of Contract is amended by deleting ‘2.5(5)” and “5.3(1)(a)-(c), 5.3(1)(d)(ii) & (iii), 5.3(1)(e), 5.5” from Clause 1.1(v)(ii) and replacing with ‘Special Condition 3 of this “Annexure A – Special Conditions”’. (b) Clauses 2.1, 2.3, 2.5(4), 2.6(1)-(11), 3.1 to 3.4, 4.1 to 4.5, 5.2(2), 5.3(1)(b)-(f), 5.3(2), 5.3(3), 5.4 (c) Insofar as it is appropriate and despite the deletion of clause 2.6(5), the Buyer must obtain and pay for searches and meter readings capable of discovery by search or enquiry, in accordance with clause 2.6(14). (d) Adopting the definitions in clause 1.1 of the Terms of Contract, the Seller and Buyer acknowledge that clauses 2.6(1)-(11) are deleted because: a. The Seller is obligated to use proceeds of sale, being funds presented or presentable at settlement of this Contract, in a priority order pursuant to regulation 146 of the Local Government Regulation 2012 (Qld); b. It is therefore inappropriate for adjustments of Outgoings to occur before settlement contradicting that priority, and is instead appropriate for payment of funds presented or presentable at settlement of this Contract to be paid to the Seller for subsequent distribution pursuant to regulation 146 of the Local Government Regulation 2012 (Qld) including in respect of Outgoings apportioned to the day of settlement; c. The Buyer, to either facilitate settlement of this Contract and/or the registration of the resulting transfer, is liable for land tax and any Outgoings not paid in full by operation of regulation 146 of the Local Government Regulation 2012 (Qld), and may be required to present further funds at settlement of this Contract to pay them; and d. Should any Outgoings amount (other than rates or charges detailed in regulation 146(1)(f) of the Local Government Regulation 2012 (Qld)) be levied/issued/raised, but not yet overdue, the Buyer is liable for same in order to either facilitate settlement of this Contract and/or the registration of the resulting transfer, or thereafter by operation of law. (e) Clause 5.1(2) of the Terms of the Contract is amended by deleting the clause and replacing with “If the parties have not otherwise agreed where settlement is to occur by the Settlement Date, the Place for Settlement will be the offices of the Seller.” (f) Insofar as it is appropriate, clauses 11.1 to 11.5 are deleted from the Terms of Contract because: a. the Seller and ▇▇▇▇▇ acknowledge that to their knowledge and as at the date of the...
View SourceView Similar (5)
ALTERATION TO STANDARD TERMS. (a) Clause 1.1(aa)(ii) of the Terms of Contract is amended by deleting “2.5(5)” and “5.3(1)(a)-(c), 5.3(1)(d)(ii) & (iii), 5.3(1)(e), 5.5” and replacing with ‘Special Condition 3 of this “Annexure A – Special Conditions”’. (b) Clauses 2.1, 2.3, 2.5(4), 3.1 to 3.4, 4.1 to 4.5, 5.2(2), 5.3 to 5.6, 7.4 to 7.8, 8.2, 8.3(2), 8.4 to 8.6,
View SourceView Similar (4)
ALTERATION TO STANDARD TERMS. (a) Clauses 2.1, 2.3, 2.5(4), 3.1 to 3.4, 4.1 to 4.5, 5.2(2), 5.3 to 5.6, 7.4 to 7.8, 8.2 to 8.5, 10.6 and 11.1 to 11.7 are deleted from the Terms of Contract. (b) Clause 1.1(n)(ii) of the Terms of Contract is amended by deleting ‘2.5(5)” and “5.3(1)(a)-(c), 5.3(1)(d)(ii) & (iii), 5.3(1)(e), 5.5” from Clause 1.1(n)(ii) and replacing with ‘Special Condition 3 of this “Annexure A – Special Conditions”’. (c) Clause 5.1(2) of the Terms of the Contract is amended by deleting the clause and replacing with “If the parties have not otherwise agreed where settlement is to occur by 5pm on the date 2 Business Days before the Settlement Date, the Place for Settlement will be the offices of the Seller.”
View SourceView Similar (3)
ALTERATION TO STANDARD TERMS. (a) Clause 1.1 (1)(v)(ii) of the Terms of Contract is amended by deleting ‘2.4(5), 5.1, 5.3(1)(a)-(f), 5.7, 6.1’ and replacing with ‘Special Condition 3 of “Annexure A – Special Conditions”’. (b) Clauses 2.2, 2.5(1)-(12), 3.1 to 3.4, 4.1 to 4.5, 5.3(1)(b)-(g), 5.3(2), 5.4 to 5.8, 6.2, 7.4 to 7.7, 8.2 (c) Insofar as it is appropriate and despite the deletion of clause 2.5(6), the Buyer must obtain and pay for searches and meter readings capable of discovery by search or enquiry, in accordance with clause 2.5(15). (d) Adopting the definitions in clause 1.1 of the Terms of Contract, the Seller and Buyer acknowledge that clauses 2.5(1)-(12) are deleted because: a. The Seller is obligated to use proceeds of sale, being funds presented or presentable at settlement of this Contract, in a priority order pursuant to regulation 146 of the Local Government Regulation 2012 (Qld); b. It is therefore inappropriate for adjustments of Outgoings to occur before settlement contradicting that priority, and is instead appropriate for payment of funds presented or presentable at settlement of this Contract to be paid to the Seller for subsequent distribution pursuant to regulation 146 of the Local Government Regulation 2012 (Qld) including in respect of Outgoings apportioned to the day of settlement; c. The Buyer, to either facilitate settlement of this Contract and/or the registration of the resulting transfer, is liable for land tax and any Outgoings not paid in full by operation of regulation 146 of the Local Government Regulation 2012 (Qld), and may be required to present further funds at settlement of this Contract to pay them; and d. Should any Outgoings amount (other than rates or charges detailed in regulation 146(1)(f) of the Local Government Regulation 2012 (Qld)) be levied/issued/raised, but not yet overdue, the Buyer is liable for same in order to either facilitate settlement of this Contract and/or the registration of the resulting transfer, or thereafter by operation of law. (e) Clause 5.1(2) of the Terms of the Contract is amended by deleting the clause and replacing with “If the parties have not otherwise agreed where settlement is to occur by 5pm on the date 2 Business Days before the Settlement Date, the Place for Settlement will be the offices of the Seller.” (f) Insofar as it is appropriate, clauses 13.1 to 13.5 are deleted from the Terms of Contract because: a. the Seller and Buyer acknowledge that to their knowledge and as at the date of the Contract, the...
View SourceView Similar (3)
ALTERATION TO STANDARD TERMS. (a) Clause 1.1 (1)(v)(ii) of the Terms of Contract is amended by deleting ‘2.4(5), 5.1, 5.3(1)(a)-(f), 5.7, 6.1’ and replacing with ‘Special Condition 3 of “Annexure A – Special Conditions”’. (b) Clauses 2.2, 2.5(4) to (5), 3.1 to 3.4, 4.1 to 4.5, 5.3 to 5.8, 7.4 to 7.7, 8.2 to 8.5, 10.1 to 10.7, 11.4, 11.6, 11.7 and 12.6 are deleted from the Terms of Contract. (c) Clause 5.1(2) of the Terms of the Contract is amended by deleting the clause and replacing with “If the parties have not otherwise agreed where settlement is to occur by 5pm on the date 2 Business Days before the Settlement Date, the Place for Settlement will be the offices of the Seller.” (d) Insofar as it is appropriate, clauses 13.1 to 13.5 are deleted from the Terms of Contract because: a. the Seller and Buyer acknowledge that to their knowledge and as at the date of the Contract, the instrument of transfer cannot be prepared, lodged or deposited using an Electronic Lodgment Network because the Electronic Lodgment Network does not have the functionality to prepare, lodge or deposit the required instrument, and is therefore exempt from the requirements of regulation 5(1) of the Land Title Regulation 2022 pursuant to regulation 5(2) of the Land Title Regulation 2022; and b. if ▇▇▇▇, as the Seller’s nominated Electronic Lodgment Network, does obtain the functionality to prepare, lodge or deposit the required instrument, meaning the exemption under regulation 5(2) of the Land Title Regulation 2022 no longer applies, then clauses 11 to 11.5 are not deleted from the Terms of Contract.
View Source
ALTERATION TO STANDARD TERMS. (c), Special Co (a)
View Source
ALTERATION TO STANDARD TERMS. (a) Clauses 2.1, 2.3, 2.5(4), 3.1 to 3.4, 4.1 to 4.5, 5.2(2), 5.3 to 5.6, 7.4 to 7.8, 8.2, 8.3(2), 8.4, 8.5, 10.6, 11.1 to 11.7 and 12 are deleted from the Terms of Contract. (b) Clause 5.1(2) of the Terms of the Contract is amended by deleting the clause and replacing with “If the parties have not otherwise agreed where settlement is to occur by the Settlement Date, the Place for Settlement will be the offices of the Seller.”
View Source

Related to ALTERATION TO STANDARD TERMS

  • ALTERATION OF AGREEMENT A. It is hereby agreed that any alteration or modification of this Agreement shall be binding upon the parties only if agreed to in writing by both parties. B. The waiver of any condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.

  • ALTERATION OF TERMS 17 A. This Agreement, together with Exhibits A, B, and C attached hereto and incorporated herein, 18 fully expresses the complete understanding of COUNTY and CONTRACTOR with respect to the 19 subject matter of this Agreement. 20 B. Unless otherwise expressly stated in this Agreement, no addition to, or alteration of the terms of 21 this Agreement or any Exhibits, whether written or verbal, made by the parties, their officers, employees 22 or agents shall be valid unless made in the form of a written amendment to this Agreement, which has 23 been formally approved and executed by both parties. 24

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

  • Alteration to terms of insurances No Borrower shall make or agree to any alteration to the terms of any obligatory insurance or waive any right relating to any obligatory insurance.

  • Additional Terms and Conditions Applicable to Subletting The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.