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11<br />

<br />

Agreement in accordance with:<br />

(a)<br />

the Project<br />

(b)<br />

(c)<br />

(d)<br />

the planni ng and Development<br />

established, modern, specific and good management methods<br />

practices, with due skill, expertise and diligence using good<br />

sufficient materials and services;<br />

all applicable laws, regulations, orders and<br />

5.3 The L o t Holder shall have no further liability to pay money under this Agreement,<br />

othe r than the payment of the Reservation Fee, except to complete the<br />

Contract, if the Option is exercised.<br />

6. AMENDMENT TO PLAN<br />

6.1 The Lot Holder acknowledges that the Developer may amend the Concept<br />

Plan from time to time in the Developer’s absolute discretion in furtherance<br />

of the Project and that the Plan of Subdivision may not accord with the<br />

Concept Plan.<br />

6.2 In the event that an amendment to the Concept Plan or Plan of Subdivision<br />

materially affects the Property, the parties hereto agree to an adjustment of<br />

the Price in accordance with this clause, whereby:<br />

(a)<br />

(b)<br />

if the amendment results in an increase in the overall area of the<br />

Property of 5% or more, then the Price shall be increased<br />

proportionately.<br />

if the amendment results in a reduction in the overall area of the<br />

Property of 5% or more, then the Price shall be reduced<br />

proportionately.<br />

6.3 The parties agree that any adjustment of the Price in accordance with this<br />

clause will not affect the Reservation Fee paid or payable under this<br />

Agreement.<br />

6.4 The Lot Holder shall not be entitled to make any objection or requisition or<br />

claim any compensation or to rescind or determine this Agreement by virtue<br />

of any amendment to the Concept Plan or Plan of Subdivision or on the<br />

grounds that the Plan of Subdivision does not accord with the Concept Plan<br />

provided that the overall area of the Property does not vary by more than 20%<br />

without the Lot Holder’s consent..<br />

7. ENCUMBRANCES<br />

Except as provided for in this Agreement, the Lot Holder shall not Encumber the<br />

whole or any part of the Property at any time during the operation of this<br />

Agreement.

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