P18-Possession
18.1 Upon the closing of title and the payment of the full purchase price
hereunder, Buyer shall be permitted to take immediate possession of the
Premises.
Objective Form
The objective form provides for the customary transfer of possession
immediately subsequent to closing.
Alternatives
In certain instances, particularly where closing has been delayed, the
parties may agree to earlier possession of the premises by the Buyer. Although
in strictly legal terms such occupancy may be deemed a license in many
jurisdictions, it is, as a practical matter, most akin to a leasehold. The
possession clause may, accordingly, be similar to the provisions of a lease
with as great or little attention to detail as is mandated by the length of the
possessory period. The possibility Yof an "early" occupancy may be handled in
advance by the addition of the following clause.
"In the event that closing is delayed and the parties desire that
Buyer take possession of the property prior thereto, they shall
execute the early occupancy agreement attached hereto as Exhibit
_____ and incorporated by this reference herein."
Where the occupancy is for a nominal period and the risks attendant are
deemed immaterial, the following "short form" occupancy provision has been
used.
"The occupancy of the premises shall be for a period commencing no
earlier than ___________________ and ending no later than ___________
____________. In the event that the closing does not occure by that
date the Buyer agrees to vacate the premises immediately. Buyer
agrees (i) not to make any alterations to the premises, (ii) to keep
the premises in good condition and repair, (iii) that the risk of
loss shall be upon Buyer during the period of occupancy and, (iv)
that it shall indemnify defendant hold Seller blameless of and from
all damages, claims, causes of action, demands,actions of
governmental authorities, costs and expenses (including reasonable
attorney fees) incurred by or made against Seller which result from
Buyer's occupancy and use of the premises, subsequent to Buyer's
possession. (v) If Buyer fails to timely vacate the premises, it
will pay the sum of _______________ per day after its possession
period is ended.
Where such provisions are found, the parties must be careful that they
are not conflicting with other portions of the agreement, dealing with
similar items (particularly timing, indemnity and risks).
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