Completion Deadline. Seller shall complete construction of the Unit so as to permit normal occupancy of the Unit within six (6) years from the date this Purchase Agreement becomes binding pursuant to Section D.6, above (the "Completion Deadline"). Notwithstanding the foregoing, such six (6) year period shall be extended for any period of time during which Seller is actually and necessarily delayed in beginning or completing construction by Force Majeure. In the event that Seller fails to complete construction of the Unit by the Completion Deadline, as the same may be extended by reason of Force Majeure, to the extent permitted by applicable law, Purchaser's sole remedy shall be to cancel this Purchase Agreement and receive a refund of all monies paid, plus any interest earned thereon, less any escrow Cancellation Fee and other costs associated with the purchase, up to a maximum of Two Hundred Fifty and No/100 Dollars ($250.00). If Purchaser fails to cancel this Purchase Agreement within thirty (30) calendar days of the expiration of the Completion Deadline, Seller will thereafter have the right to cancel this Purchase Agreement; provided that should Seller elect to cancel this Purchase Agreement pursuant to this Section, Purchaser shall be entitled to a prompt and full refund of all moneys paid, plus any interest earned thereon.
Appears in 3 contracts
Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement
Completion Deadline. Seller shall complete construction of the Unit so as to permit normal occupancy of the Unit within six five (65) years from the date this Purchase Agreement becomes Purchaser signs a binding pursuant to Section D.6, above contract (the "Completion Deadline"). Notwithstanding the foregoing, such six five (65) year period shall be extended for any period of time during which Seller is actually and necessarily delayed in beginning or completing construction by Force Majeure. In If completion of the event that Seller fails to complete construction of the Unit by does not occur on or before the Completion Deadline, as the same may be extended by reason of Force Majeure, to the extent permitted by applicable law, Purchaser's sole remedy shall be to Purchaser may cancel this Purchase Agreement and receive at any time thereafter. In the event of cancellation because of Seller’s failure to complete the Unit by the Completion Deadline, as Purchaser's sole remedy, Purchaser shall be entitled to a prompt refund of all monies paid, plus any interest earned thereon, less any escrow Cancellation Fee and other costs associated with the purchase, up to a maximum of Two Hundred Fifty and No/100 Dollars ($250.00). If Purchaser fails shall fail to cancel this Purchase Agreement within thirty (30) calendar days of the expiration of the Completion Deadline, Seller will thereafter have the right to cancel this Purchase Agreement; provided that should Seller elect to cancel this Purchase Agreement pursuant to this SectionSection D.7, Purchaser shall be entitled to a prompt and full refund of all moneys paid, plus any interest earned thereon.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement
Completion Deadline. Seller shall complete construction of the Unit so as to permit normal occupancy of the Unit within six (6) years from the date this Purchase Agreement becomes Purchaser signs a binding pursuant to Section D.6, above contract (the "Completion Deadline"). Notwithstanding the foregoing, such six (6) year period shall be extended for any period of time during which Seller is actually and necessarily delayed in beginning or completing construction by Force Majeure. In If completion of the event that Seller fails to complete construction of the Unit by does not occur on or before the Completion Deadline, as the same may be extended by reason of Force Majeure, to the extent permitted by applicable law, Purchaser's sole remedy shall be to Purchaser may cancel this Purchase Agreement and receive at any time thereafter. In the event of cancellation because of Seller’s failure to complete the Unit by the Completion Deadline, as Purchaser's sole remedy, Purchaser shall be entitled to a prompt refund of all monies paid, plus any interest earned thereon, less any escrow Cancellation Fee and other costs associated with the purchase, up to a maximum of Two Hundred Fifty and No/100 Dollars ($250.00). If Purchaser fails shall fail to cancel this Purchase Agreement within thirty (30) calendar days of the expiration of the Completion Deadline, Seller will thereafter have the right to cancel this Purchase Agreement; provided that should Seller elect to cancel this Purchase Agreement pursuant to this SectionSection D.7, Purchaser shall be entitled to a prompt and full refund of all moneys paid, plus any interest earned thereon.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement