COMS-007-11 Bloomfield Pioneer Cemetery - Town of Milton

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:8897579_2.DOC. (l) "Hazardous Substance" includes, but is not limited to any hazardous or toxic chemical, waste, by-product, pollutant, contaminant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, byproducts or other hydrocarbons and any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by any and is defined in or pursuant to any Environmental Law. (m) "HST" has the meaning ascribed to it in section 3(1) of this Agreement. (n) “Information Package” means the package provided by ORC to the Purchaser containing copies of the Property Documents and other information in order to solicit offers to purchase the Property. (o) “Inspection Period” means that period of time which is ten (10) days following the date the Vendor notifies the Purchaser that the approval of the Lieutenant Governor in Council has been obtained as provided for in section 6(2)(a) of this Agreement. (p) “Lands” means the land(s) described in Schedule “A” to this Agreement. (q) “Land Use Regulations” means any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Property including the existing Official Plans, zoning by-laws and zoning orders. (r) “Lease” means the lease to be entered into between the Purchaser as landlord and the Vendor or another provincial government ministry or agency, as tenant, if applicable, in the form attached hereto as Schedule “D” and to be effective as of the Date of Closing. (s) “Municipality” means the municipality (or municipalities) where the Property is located. (t) "ORC" means Ontario Realty Corporation. (u) "Owner" means Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure. (v) "Permitted Encumbrances" means the encumbrances listed in Schedule "B" to this Agreement. (w) "Property" means collectively the Lands, the Buildings, the Chattels and the Property Documents. (x) “Property Documents” means documents in ORC’s current possession related to the Property as set out in Schedule “E” and may include: 3.
:8897579_2.DOC. (i) plans, specifications and drawings for the Buildings, including architectural, structural and mechanical drawings, plans, specifications, test results from engineers, architects and others relating to the Property and related materials; (ii) executed copies of any Tenancy Agreements, assignable service contracts, operating agreements and management agreements; (iii) copies of assignable guarantees and warranties of materials, workmanship, labour and materials relating to the Property that are still in effect; (iv) copies of building inspection reports, environmental reports, heritage reports and archaeological reports; and (v) any plan of survey of the boundaries of the Property. (y) “Purchase Price” means the total amount as set out in section 2(1) that shall be paid by the Purchaser to the Vendor for the Property, exclusive of HST and subject to the adjustments specified in section 17 of this Agreement. (z) “Vendor” means the Owner and/or ORC. (aa) "Tenancy Agreements" means all leases or licences to be assumed by the Purchaser which currently affect the Property and are listed in Schedule “B” of this Agreement. PAYMENT OF PURCHASE PRICE 2(1) Under this Agreement, the Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Vendor the Property for the Purchase Price of TWO ($2.00) Canadian dollars, payable by the Purchaser to the Vendor. HARMONIZED SALES TAX 3(1) The Purchase Price of the Property does not include the Harmonized Sales Tax (“HST”) payable by the Purchaser in respect of the purchase of the Property pursuant to the Excise Tax Act, R.S. 1985, c. E.15 (Canada) (the "Act"). Subject to section 3(2) below, the Purchaser agrees to pay to the Vendor, on the Date of Closing, as a condition of completion of this transaction by certified cheque or bank draft, all HST payable as a result of this transaction in accordance with the Act. 3(2) Notwithstanding section 3(1) above, the Vendor shall not collect HST from the Purchaser in this transaction if the Purchaser is registered under the Act and in that event, the Purchaser shall file returns and remit such HST to the Receiver General for Canada when and to the extent required by the Act. The Purchaser shall provide to the Vendor, on the 4.
Page 1 and 2: The Corporation of the TOWN OF MILT
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Page 15 and 16: RISK 7. Until completion of this Ag
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Page 23 and 24: :8897579_2.DOC. Telephone: (905) 87
Page 25 and 26: 28. The Purchaser agrees to ensure
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Page 33 and 34: Canada Province of Ontario TO WIT:
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Page 37 and 38: Purchase Agreement Prevails if Conf
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COMS-007-11 Bloomfield Pioneer Cemetery - Town of Milton

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