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1. Parties: Identification and details of all parties involved in the exchange
2. Background: Context of the exchange and brief description of the properties involved
3. Definitions: Definitions of key terms used throughout the agreement
4. Properties to be Exchanged: Detailed description of the properties being exchanged, including legal descriptions and current ownership
5. Exchange Terms: Core terms of the exchange, including any monetary adjustments or boot payments
6. Representations and Warranties: Statements of fact and guarantees by each party regarding their respective properties
7. Closing Conditions: Conditions that must be satisfied before the exchange can be completed
8. Closing Process: Step-by-step process for completing the exchange, including timing and documentation requirements
9. Property Transfer Mechanics: Specific procedures for transferring title and possession
10. Costs and Adjustments: Allocation of closing costs, property taxes, and other financial adjustments
11. Default and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Environmental Matters: Required when properties have potential environmental concerns or require environmental assessments
2. Tenant Rights: Needed when either property has existing tenants and lease agreements
3. Heritage Property Provisions: Required for properties with historical designation or heritage status
4. First Nations Considerations: Necessary when properties involve or are adjacent to First Nations lands
5. Mineral Rights: Required when mineral rights are included or specifically excluded from the exchange
6. Property Management Transition: Needed for properties with ongoing management requirements or contracts
7. Foreign Ownership Provisions: Required when any party is a non-Canadian entity
8. GST/HST Elections: Needed for commercial properties or when GST/HST elections are being made
1. Schedule A - Property Descriptions: Detailed legal descriptions and surveys of properties being exchanged
2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, and encumbrances on each property
3. Schedule C - Property Condition Reports: Current condition assessments and inspection reports
4. Schedule D - Environmental Reports: Environmental assessment reports and certificates
5. Schedule E - Title Documents: Current title searches and registration details
6. Schedule F - Property Tax Statements: Current property tax assessments and outstanding amounts
7. Schedule G - Service Contracts: List of ongoing service contracts affecting the properties
8. Appendix 1 - Property Photos: Recent photographs of the properties being exchanged
9. Appendix 2 - Closing Documents List: Checklist of required closing documents and deliverables
10. Appendix 3 - Property Plans: Building plans, site plans, and architectural drawings if applicable
Applicable Laws
Appraisal Report
Business Day
Closing
Closing Date
Closing Documents
Encumbrances
Environmental Laws
Exchange Value
First Property
Fixtures
GST/HST
Improvements
Land
Land Registration Office
Land Title Act
Legal Description
Monetary Adjustment
Permitted Encumbrances
Property
Property Rights
Property Taxes
Real Property
Registered Owner
Second Property
Security Interests
Survey Plan
Title
Title Insurance
Transfer Documents
Utilities
Zoning Laws
Material Adverse Change
Due Diligence Period
Environmental Assessment
Governmental Authority
Hazardous Substances
Intellectual Property Rights
Liens
Outstanding Work Orders
Permitted Use
Property Documents
Property Insurance
Registration Costs
Representations and Warranties
Service Contracts
Statement of Adjustments
Transfer Taxes
Recitals
Definitions
Property Description
Exchange Terms
Consideration
Title
Representations and Warranties
Due Diligence
Environmental Compliance
Property Condition
Closing Conditions
Transfer Mechanics
Tax Matters
Insurance
Risk Allocation
Default and Remedies
Indemnification
Force Majeure
Assignment
Notices
Confidentiality
Dispute Resolution
Governing Law
Amendment
Severability
Entire Agreement
Further Assurances
Survival
Time of Essence
Costs and Expenses
Property Adjustments
Municipal Compliance
Zoning Compliance
Registration
Third Party Rights
Termination
Good Faith
Authority and Capacity
Encumbrances
Property Management
Real Estate
Commercial Property
Residential Property
Agriculture
Industrial
Retail
Hospitality
Mixed-Use Development
Natural Resources
Construction
Legal
Real Estate
Finance
Tax
Facilities
Operations
Environmental Compliance
Property Management
Asset Management
Risk Management
Corporate Development
Investment
Real Estate Lawyer
Property Manager
Real Estate Agent
Commercial Property Director
Asset Manager
Real Estate Development Manager
Corporate Counsel
Chief Financial Officer
Facilities Manager
Land Development Officer
Property Acquisitions Manager
Real Estate Investment Manager
Environmental Compliance Officer
Title Examiner
Property Tax Specialist
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