Residential Contract Of Sale Template Page 14
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16Escrowee shall hereafter designate by Notice given to the other party or parties and the
Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the
third business day following the date of mailing the same, except that any notice to
Escrowee shall be deemed given only upon receipt by Escrowee and each Notice
delivered in person or by overnight courier shall be deemed given when delivered, or
(c) with respect to paragraph 7(b) or 20, sent by fax to the party’s
attorney. Each notice by fax shall be deemed given when transmission is confirmed by
the sender's fax machine. A copy of each notice sent to a party shall also be sent to the
party's attorney. The attorneys for the parties are hereby authorized to give and receive on
behalf of their clients all Notices and deliveries.
26. No Assignment. This contract may not be assigned by Purchaser without the
prior written consent of Seller in each instance and any purported assignment(s) made
without such consent shall be void.
27. Broker. Seller and Purchaser each represents and warrants to the other that it
has not dealt with any real estate broker in connection with this sale other than
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(“Broker”) and Seller shall pay Broker any commission earned pursuant to a separate
agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend
each other against any costs, claims and expenses, including reasonable attorneys’ fees,
arising out of the breach on their respective parts of any representation or agreement
contained in this paragraph. The provisions of this paragraph shall survive Closing or, if
Closing does not occur, the termination of this contract.
28. Miscellaneous. (a) All prior understandings, agreements, representations and
warranties, oral or written, between Seller and Purchaser are merged in this contract; it
completely expresses their full agreement and has been entered into after full
investigation, neither party relying upon any statement made by anyone else that is not
set forth in this contract.
(b) Neither this contract nor any provision thereof may be waived,
changed or cancelled except in writing. This contract shall also apply to and bind the
heirs, distributes, legal representatives, successors and permitted assigns of the respective
parties. The parties hereby authorize their respective attorneys to agree in writing to any
changes in dates and time periods provided for in this contract.
(c) Any singular word or term herein shall also be read as in the plural and
the neuter shall include the masculine and feminine gender, whenever the sense of this
contract may require it.
(d) The captions in this contract are for convenience of reference only and
in no way define, limit or describe the scope of this contract and shall not be considered
in the interpretation of this contract or any provision hereof.
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