Common use of Prior to Occupancy Clause in Contracts

Prior to Occupancy. After the lapse of the seven (7) day rescission period, Resident may terminate this Agreement by delivering written notice to Messiah Village prior to Occupancy. In the event Resident terminates this Agreement prior to the Designated Occupancy Date and so long as Resident is not precluded from taking Occupancy of the Residence on the Designated Occupancy Date by illness, injury, incapacity or death, then for a fully or partially-completed residence, Messiah Village shall retain and Resident shall forfeit the Reservation Fee and, if applicable, the Interim Payment, and for an unbuilt residence, Messiah Village shall retain and Resident shall forfeit the Processing Fee and, if applicable, the Interim Payment.

Prior to Occupancy. After the lapse of the seven (7) day rescission period, Resident may terminate this Agreement by delivering written notice to Messiah Village prior to Occupancy. In the event Resident terminates this Agreement prior to the Designated Occupancy Date and so long as Resident is not precluded from taking Occupancy of the Residence on the Designated Occupancy Date by illness, injury, incapacity or death, then for a fully or partially-completed residence, Messiah Village shall retain and Resident shall forfeit the Reservation Fee and, if applicable, the Interim Payment, and for an unbuilt residence, Messiah Village shall retain and Resident shall forfeit the Processing Fee and, if applicable, the Interim PaymentFee.