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06.

Covenants and Agreement

Let's start with the word covenant - it's just a fancy way to say commitment. This section highlights what we're both agreeing and committing to in the Owner-Resident Agreement.

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A. Your Commitments to Key

As the Owner-Resident, you agree that Key can count on you to follow the commitments and agreements in the Agreement throughout the term of the Agreement and survive the Completion Date.

List of Your Covenants

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Compliance With the Agreement

You agree to comply, at all times, with your obligations under the Agreement, any documents that you're a party to, as required from time to time by Key, and with the Condominium Rules.

Since you are an Owner-resident and no longer a renter, you agree that we are both bound by this Owner-Resident Agreement and not any aspect of the Residential Tenancies Act (Ontario).

ORA Ref: Article 6.1

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Compliance With Applicable Laws

You agree to comply at all times with Applicable Laws.

ORA Ref: Article 6.1

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Lease

You agree not to rent, lease, sublease, or license your Suite - or rent a portion of your Suite to a roommate - without first getting written approval from Key. (See Schedule D in the ORA for more details.)

ORA Ref: Article 6.1

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Sign Documents

You agree to sign and return all documents reasonably requested by Key to us before the Completion Date.

ORA Ref: Article 6.1

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No Interference

You agree not to interfere with the installation, repair or maintenance of services to the Suite or the Building, including the Common Areas and Facilities.

ORA Ref: Article 6.1

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Suite Entry

You agree to allow Key immediate right of entry into your Suite to inspect, repair, and maintain the Suite or to rectify any breach of the Agreement.

ORA Ref: Article 6.1

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Signs

You agree not to install any signs or notices within the Building (or in the your Suite, if they are visible externally) without our prior written consent.

ORA Ref: Article 6.1

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No Hindrance

You agree not to restrict other residents of the Building from carrying out their obligations under their respective agreements, or disturb the enjoyment of other Building residents in any way.

ORA Ref: Article 6.1

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No Liens

You agree not to permit any lien to be registered against the title to the Lands, Building or your Suite.

ORA Ref: Article 6.1

B. Key's Commitments to You

As your contact and the management company for your Co-Owner, you can count on Key and the Property Owner to follow the commitments and agreements in the Agreement and that they will continue throughout the term of the Agreement and survive the Completion Date.

List of Key's Covenants

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Compliance With Agreement and Applicable Laws

We agree to comply with all obligations Key has as the Co-Owner under this Agreement, the Condominium Rules and all Applicable Laws.

ORA Ref: Article 6.2

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Property Tax

We agree to pay all municipal property taxes for your Suite in a timely fashion.

ORA Ref: Article 6.2

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Transfer by the Co-Owner

Key and the Property Owner agree not to convey our Co-Ownership Interest to any third party without first providing written notice and the transferee agreeing to abide by the terms and conditions contained within this Agreement.

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Maintenance and repairs

We agree to:

  1. 1

    Respond to (or take all reasonable efforts to have the Condominium Corporation respond to) all your reasonable requests for repairs to the Suite in a timely and professional manner;

  2. 2

    All work performed by us or the Condominium Corporation in respect of the Suite will be performed in a good and workmanlike manner in accordance with Applicable Laws and the Condominium Rules.

ORA Ref: Article 6.2

C. Agreements

As the Owner-Resident, you will fulfill all of the following agreements in the ORA:

List of Agreements

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Approvals

The owner has the sole unfettered absolute right and ability to finance, secure, charge, encumber, or pledge its owned Properties as it sees fit without requiring any approval from the Owner-Resident, and nothing in this agreement shall be deemed otherwise.

ORA Ref: Article 12.3

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No Merger

All rights and obligations in this Agreement shall survive the Completion Date and do not merge because of the occupancy of the Suite.

ORA Ref: Article 12.4

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Governing Law

This Agreement is governed by the laws of the Province of Ontario and all applicable federal laws of Canada.

ORA Ref: Article 12.5

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Entire Agreement

The ORA is the entire agreement between us for dealing with the matters contained within and supersedes any prior agreements. No modification of this Agreement is binding unless it is written and signed by both of us.

ORA Ref: Article 12.6

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Severability

If any term of this Agreement is illegal or unenforceable, the remaining terms of this Agreement will continue to be legal and binding.

ORA Ref: Article 12.7

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Successors and Assigns

The Agreement binds you, your legal or personal representatives, and your permitted assigns. You cannot assign any aspect of this Agreement without our express written consent and only in accordance with the terms of this Agreement. We are entitled to assign this Agreement, and our rights and obligations hereunder.

ORA Ref: Article 12.8

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Non-waiver

No departure from or waiver of the terms of this Agreement authorizes any prior or later departure or waiver. We are not obliged to continue any departure or waiver or to permit any later departure or waiver. Time is of the essence of this Agreement.

ORA Ref: Article 12.9

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Notice

The Key App is accepted as the primary method to provide notice to you or Key. Notice will be considered given on the second day that the information is available on the Key App.

ORA Ref: Article 12.10

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Further Assurances

Both of us will, at the request of any other party, execute any further documents that may be required to give effect to this Agreement.

ORA Ref: Article 12.11

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Remedies Cumulative

In the event of a breach of contract, Key’s rights and remedies under this Agreement are cumulative. This means Key is allowed to pursue any and all remedies that may be available under the facts of the particular breach.

ORA Ref: Article 12.12

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No Registration

Unless both the Co-Owner and the Owner-Resident agree in writing (each acting in its/his/her sole, absolute and subjective discretion), neither this Agreement, nor any notice thereof will be registered against title to the Lands, the Building or the Suite.

ORA Ref: Article 12.13

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Force Majeure

It is not considered a breach of the Agreement - nor is Key liable for any cost, expense or liability that's incurred due to labour disputes, riots, natural catastrophes, explosions, acts of God, or any other similar event which is beyond our reasonable control.

ORA Ref: Article 12.15

D. Legal Advice and Power of Attorney

As the Owner-Resident, you acknowledge that Key has recommended that you get independent legal advice prior to executing this Power of Attorney or waive the right.

Get In Touch

We're here to help

Like any good neighbour, we're always happy to help. So, if you have any questions or want to chat about the ORA, we're only a click away.