o_1937gqa641qgut5018ek1c7n11ija.pdf
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The Purchaser is aware that at the date of this Contract:<br />
(a)<br />
(b)<br />
not all the easements, restrictions on use and positive covenants<br />
have been created;<br />
not all the leases, agreement and arrangements have been made;<br />
and<br />
(c)<br />
11.2 Creation<br />
not all the rights and privileges have been granted, which it may be<br />
considered necessary or desirable for the Vendor to create, enter<br />
into or grant.<br />
The Purchaser acknowledges that the Vendor may be required to:<br />
(a)<br />
create easements, enter covenants and grant other like restrictions<br />
which affect the Property, including positive covenants in any<br />
Section 173 Agreement to allow either or both certification and<br />
registration of the Plan of Subdivision; and<br />
11.3 The Purchaser specifically consents to the Vendor executing any Section 173<br />
Agreement required by any Authority with control over the Property.<br />
11.4 Subject to the Purchaser’s rights under the Act, the Purchaser cannot object<br />
to, make any requisition or claim, claim any compensation, rescind or<br />
determine this Contract or delay Settlement or delay payment of the Balance<br />
because of any of the matters included in Special Condition<br />
11.2 unless such matter(s):<br />
(a)<br />
(b)<br />
11.5 Termination<br />
materially restricts or limits the use of the Property; and<br />
was not made as a result of a requirement or recommendation of an<br />
Authority.<br />
Subject to special condition 11.6, if any creation, entering into, grant or<br />
dedication made by the Vendor in accordance with special condition 11.2<br />
materially affects or limits the use of the Property then, unless the creation,<br />
entering into, grant or dedication has been made as a result of a<br />
requirement or recommendation of an Authority, the Purchaser may<br />
terminate the Contract by providing written notice to the Vendor within 10<br />
Business Days of receiving notice from the Vendor, whereupon the Deposit<br />
must be refunded to the Purchaser and neither party will have any further<br />
liability to the other under this Contract.<br />
11.6 Special Condition 11.5 and Section 10(1) of the Act do not apply in respect of<br />
any amendment, which records the final location of any easement shown on<br />
the certified Plan of Subdivision.<br />
11.7 No merger<br />
This Special Condition 11 does not merge on Settlement and continues with<br />
full force and effect after Settlement.<br />
12 SERVICES<br />
12.1 The Purchaser acknowledges that the services referred to in the Vendor’s<br />
Statement will be available to the Property upon settlement but the Purchaser<br />
agrees that it shall be responsible for payment of any statutory or utility fees in<br />
connecting such services to the Property.<br />
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