Common use of SERVICING OF THE PROPERTY Clause in Contracts

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the Municipality, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality and/or any other such service providers, and although the Municipality and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality and/or any other service providers). 7.2 The Seller hereby discloses and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 3 contracts

Sources: Contract of Sale, Contract of Sale, Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the Municipality, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality and/or any other such service providers, and although the Municipality and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality and/or any other service providers). 7.2 The Seller hereby discloses discloses, and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 3 contracts

Sources: Contract of Sale, Contract of Sale, Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the Municipality, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality and/or any other such service providers, and although the Municipality and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality and/or any other service providers). 7.2 The Seller hereby discloses discloses, and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide.. READ ONLY 7.4 In the event of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 2 contracts

Sources: Contract of Sale, Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the MunicipalityLocal Authority, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although Although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality local authority and/or any other such service providers, and although the Municipality local authority and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality local authority and/or any other service providers). 7.2 The Seller hereby discloses discloses, and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 18 (thirtyeighteen) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 2 contracts

Sources: Contract of Sale, Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the MunicipalityLocal Authority, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although Although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality local authority and/or any other such service providers, and although the Municipality local authority and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality local authority and/or any other service providers). 7.2 The Seller hereby discloses discloses, and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 2 contracts

Sources: Contract of Sale, Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the MunicipalityLocal Authority, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although Although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality local authority and/or any other such service providers, and although the Municipality local authority and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality local authority and/or any other service providers). 7.2 The Seller hereby discloses and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 1 contract

Sources: Contract of Sale

SERVICING OF THE PROPERTY. 7.1 The Seller warrants that the Basic Services shall be installed to the Property, to the satisfaction of the Municipalitylocal authority, by no later than Date of Transfer. It is recorded that the Seller may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services to the Development. Should the Seller elect to provide the relevant authorities with guarantees in order for the relevant certificates to be issued in respect of the Property, then, in that event, the Purchaser agrees to take transfer of the Property notwithstanding that said services have not been installed. In this event, the Seller warrants that the aforesaid services shall be installed within 8 (eight) months of the Date of Transfer (although Although the Seller warrants that the aforesaid service connections shall provide a mechanism for connecting the Property to the Municipality local authority and/or any other such service providers, and although the Municipality local authority and/or any other service providers have confirmed that such services will be available, the Seller gives no warranty of any nature whatsoever that any such services will be provided by the Municipality local authority and/or any other service providers). 7.2 The Seller hereby discloses and the Purchaser understands that transfer of the Property is not registerable until after the Approval Date. 7.3 It is specifically recorded that the Seller makes no warranty that any temporary services to the Property shall be in place from the Date of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event of the Approval Date not having been achieved within a period of 30 24 (thirtytwenty four) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the parties.

Appears in 1 contract

Sources: Contract of Sale

SERVICING OF THE PROPERTY. 7.1 13.1 The Seller warrants PURCHASER acknowledges that it is not possible to transfer the Basic Services shall be installed to PROPERTY into the Property, to the satisfaction name of the Municipality, by no later than Date PURCHASER until such time as the REGISTRATION CERTIFICATE has been issued in respect of Transferthe PROPERTY. It is recorded that In this regard the Seller SELLER may elect to provide the relevant authorities with guarantees to ensure the installation of Basic Services BASIC SERVICES to the Development. DEVELOPMENT PRECINCT. 13.2 Should the Seller SELLER elect to provide the relevant authorities with guarantees in order for aforesaid guarantees, to enable the relevant certificates to be issued issue of the REGISTRATION CERTIFICATE in respect of the PropertyPROPERTY, then, in that event, the Purchaser PURCHASER agrees to take transfer of the Property PROPERTY notwithstanding that said services the BASIC SERVICES have not been installed. In this eventthe event of transfer of the PROPERTY being passed to the PURCHASER prior to the installation of the said services, the Seller SELLER warrants that the aforesaid services BASIC SERVICES shall be installed within 8 to the PROPERTY by no later than the date on which the PURCHASER takes occupation of the DWELLING UNIT erected on the PROPERTY. The PURCHASER acknowledges that they are required to provide the SELLER with at least 6 (eightSIX) months written notice of occupation date as set out above. 13.3 It is recorded that it is the obligation of the Date LOCAL AUTHORITY to lay the relevant electrical cable to the boundary of Transfer (although the Seller warrants that DEVELOPMENT PRECINCT. The SELLER shall extend the aforesaid service connections shall provide a mechanism for connecting the Property cable from this point to the Municipality and/or any other such service providersboundary of the PROPERTY. It shall be incumbent upon the PURCHASER, and although entirely at the Municipality and/or any other service providers have confirmed that such services will PURCHASER’S cost, to extend the aforesaid electrical cable from the meter on the PROPERTY boundary to the DWELLING UNIT erected on the PROPERTY. The obligation shall be availableon the PURCHASER to make application for the relevant electricity connection to the LOCAL AUTHORITY, when submitting its buildings plans in respect of the Seller gives no warranty of any nature whatsoever that any such services will be provided by PROPERTY to the Municipality and/or any other service providers)LOCAL AUTHORITY for approval. 7.2 The Seller hereby discloses and 13.4 In no way detracting from the Purchaser understands that transfer generality of the Property is not registerable until after the Approval Date. 7.3 It aforesaid, it is specifically recorded that the Seller SELLER makes no warranty that any temporary services to the Property PROPERTY shall be in place from during the Date period of Occupation to the Date of Transfer should the two dates not coincide. 7.4 In the event construction of the Approval Date not having been achieved within a period of 30 (thirty) months from Date of Signature of this Contract by the Seller, the Purchaser having secured payment of the purchase price as envisaged in clause 3 of the Contract of Sale and the purchaser not being in breach of the Contract of Sale, then in that event the Purchaser shall be entitled to give the Seller written notice to have the required certificate issued within a period of 60 (sixty) days from the date of receipt of such notice by the Seller, failing which the Purchaser shall be entitled to resile from the Contract by giving the Seller a further written notice to that effect, provided such notice is given within 10 (ten) days of expiry of the aforesaid 60 (sixty) day period, in which event this Contract shall be deemed null and void and shall be of no further force and effect between the partiesdevelopment thereon.

Appears in 1 contract

Sources: Contract of Sale