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Occupancy Agreement (Comprehensive)

This instrument is in supplement to a Purchase and Sale Agreement between Buyer and Seller, dated _______, 20 __.

I, __________, being the Buyer of the property located at __________ do hereby grant full consent for the Seller, __________, to occupy said premises from this date through _________, 20 __.

The Seller agrees to be bound by the following terms and conditions during the period of occupancy:

a. To pay an occupancy charge of ______ per ________ until the end of my occupancy.

b. Electric and fuel will be the responsibility of the Seller throughout the term of occupancy.

c. If Seller occupies after the date mentioned above, Buyer will assess a charge of _____ per day as liquidated damages in addition to the occupancy charge.

d. Seller agrees to leave the premises in the same condition as when papers were passed.

e. Seller agrees to hold the Buyer harmless and blameless for any loss of personal belongings regardless of cause.

f. Passing of papers does not constitute fulfillment of this Agreement, and this agreement shall survive the passing of papers.

g. It is understood that there is no tenancy created between the Buyer and Seller, but the Seller is to occupy said premises on the sufferance of the Buyer.

h. A deposit in the amount of __________ will be held by the Buyer's attorney to insure the Seller's conformance with this contract. Deposit to be paid at the closing and returned when Seller vacates in accordance with the terms herein.

i. This Agreement may be terminated before its initial term is completed by any party at any time, for any reason, provided that at least 30 days advance written notice of termination is given to the non-terminating party by the terminating party.

j. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.

k. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

2. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement as follows:

a. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.

b. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the...

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