o_1937aahn31ruc1bt9ajr12u811a.pdf

The Purchaser is aware that at the date of this Contract:
(a)
(b)
not all the easements, restrictions on use and positive covenants
have been created;
not all the leases, agreement and arrangements have been made;
and
(c)
11.2 Creation
not all the rights and privileges have been granted, which it may be
considered necessary or desirable for the Vendor to create, enter
into or grant.
The Purchaser acknowledges that the Vendor may be required to:
(a)
create easements, enter covenants and grant other like restrictions
which affect the Property, including positive covenants in any
Section 173 Agreement to allow either or both certification and
registration of the Plan of Subdivision; and
11.3 The Purchaser specifically consents to the Vendor executing any Section 173
Agreement required by any Authority with control over the Property.
11.4 Subject to the Purchaser’s rights under the Act, the Purchaser cannot object
to, make any requisition or claim, claim any compensation, rescind or
determine this Contract or delay Settlement or delay payment of the Balance
because of any of the matters included in Special Condition
11.2 unless such matter(s):
(a)
(b)
11.5 Termination
materially restricts or limits the use of the Property; and
was not made as a result of a requirement or recommendation of an
Authority.
Subject to special condition 11.6, if any creation, entering into, grant or
dedication made by the Vendor in accordance with special condition 11.2
materially affects or limits the use of the Property then, unless the creation,
entering into, grant or dedication has been made as a result of a
requirement or recommendation of an Authority, the Purchaser may
terminate the Contract by providing written notice to the Vendor within 10
Business Days of receiving notice from the Vendor, whereupon the Deposit
must be refunded to the Purchaser and neither party will have any further
liability to the other under this Contract.
11.6 Special Condition 11.5 and Section 10(1) of the Act do not apply in respect of
any amendment, which records the final location of any easement shown on
the certified Plan of Subdivision.
11.7 No merger
This Special Condition 11 does not merge on Settlement and continues with
full force and effect after Settlement.
12 SERVICES
12.1 The Purchaser acknowledges that the services referred to in the Vendor’s
Statement will be available to the Property upon settlement but the Purchaser
agrees that it shall be responsible for payment of any statutory or utility fees in
connecting such services to the Property.
2140857_001.docx