Performance Of Contract

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    Contracts

    CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part, not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred

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    Contracts

    CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade

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    Contract

    Issues in contracts * Was a contract formed? * Did the parties perform (or have a defense to performance? * What remedy is appropriate? * Nonperformance defenses: * Mistakes: both parties have to make the same mistakes Remedies * Monetary damages * -general, consequential * Liquidated damages- * Specific performance- * Rescission-judge says both parties are stupid so can’t sign the contract; contract doesn’t exist because no one knows what they’re talking

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    Contracts

    Contract is an agreement between two or more persons (individuals, businesses, organizations, or government agencies) to do or to refrain from doing, a particular thing in exchange for something of value. Contracts can be generally written using formal or informal terms or they can be entirely verbal. In Malaysia, Contracts are governed by Contract Acts 1950 (revised 1974) by virtue of Section 5 Civil Law Act 1956. In Section 2(h), CA 1950, a Contract is an agreement enforced by law and social

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    Contract

    advice, enters into a contract upon terms which are very unfair or transfer property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or desires, or by his own ignorance or infirmity, coupled with undue influence or pressure brought to bear on him by or for the benefit of the others.”[1] INTRODUCTION The laws in contract must make sure that the parties which dealing must have freedom of contract which it means where

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    Contract

    Awesome Wood to Germany This contract of Sale of Good made and effective this 24.12.2012, by and between Germany as buyer and Awesome Ltd as a seller. (CISG Article 1) Awesome Ltd desires to sell to Germany, and Germany desires to purchase directly from Awesome Ltd, certain personal property. Therefore, in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. Sale. Awesome Ltd agrees to sell, transfer and convey to Germany, and Germany agrees to purchase

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    Contracts

    Contracts University of Phoenix Law 531 Instructor: Professor Shanrika Hall Contracts There are many types of contracts used everyday. When two different companies go into business together, it is very wise to create a contract. A contract is “an agreement that is enforceable by a court of law or equity” (Cheesemen, 2010, p 153). Span Systems, a large prestigious banking software company, and Citizen Schwarz AG (C S), a German bank, agree on

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    Contract

    Question 1.1 Answer: * The Superintendent or Contract administrator is the person appointed by the principal in writing, he act on behalf of principal, he act as an agent of principal, the principal must notify the contractor in writing. The principal may at any time change him by giving notice to contractor, he represent the principal in many different ways some are discussed below AS4000 Clause 20 * The Superintendent or Contract administration may from time to time appoint individual

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    Contracts

    Contracts Chris C. Zimmer Grantham University Abstract: This paper discusses the four elements of a valid contract and identifies and defines each element thoroughly. Contracts A contract is a binding agreement between two are more parties that involves a promise or several promises that are enforceable in courts. There are four elements are required to exist for the formation of a contract. They are that the agreement that is a manifestation of the parties’ mutual assent, a bargained-for

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    Contracts

    environment of business and employment | | BFL0041 | Student Number | | Tutorial Group No | | Taught by (Tutors Name) / Supervisors Name | U1257644 | | D | | Jackie lane | Course | | Assignment Title | Accountancy and finance | | Contracts in business | Unless you have been notified otherwise, this coursework must be submitted through turnitin by 11.59PM on the given hand-in date.It is YOUR responsibility to print Assignment Coversheets for manual submissions. You are advised to

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    Contract

    Team Contract Performance Expectations As a group, it has been decided that meetings will be held roughly two to three times a week, mainly at any convenient library on campus. Any further forms of communication that shall be required will be directly through cellular devices, Facebook, emailing, and MSN Messenger. In order to avoid any technical difficulties, all of these communication channels will be checked regularly within 24 hours each and every day. Aside from our online or cellular forms

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    Contracts

    Different kinds of Legal Contracts Teneisha Bonner BUSN150-1303A-03/Professor Smith August 11th, 2013 Abstract One of the main attributes of an advanced community is the legal obligation contract, which permits individuals to make promises with one another knowing that they have legal options in the circumstance of a violation of the deal. Contract regulation in the United States is based on common law and it sometimes varies by other states and even with federal circuits. In this paper,

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    Contract

    servicing accepted routes, setting wages, hour of work, performance standards, regulatory compliance, assigning routes of travel, providing all necessary tools or assistance to safely accomplish the work, attendance requirements and working conditions, paying, and adjusting grievances. Affordable Fun Jumps shall not request contractor to discontinue the use of any particular substitute driver, helper, agent or servant of contractor in the performance of contractor’s obligations under this agreement.

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    Contracts

    Contracts Just because the contractor has been selected as the winner does not mean the contractor can start doing the work. Before the project can proceed, a contract must be signed between the customer and the contractor. A contract is a vehicle for establishing good customer–contractor communications and arriving at a mutual understanding and clear expectations to ensure project success. It is an agreement between the contractor, who agrees to perform the project and to provide a product or

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    Performance Management Psychological Contract

    “Performance management and the psychological contract are both critical in getting the best from employees.” One could describe an organization's relationship with an employee as an exchange of sorts; an employee exchanges his/her labour for economic rent and an employer facilitates the transformation of the labour into a value added return. But such exchanges require that the employee be supported, nurtured, and developed in line with organizational aspirations (Behery, Paton & Hussain,

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    Tender of Performance Indian Contract Act

    CONTENTS 1) INTRODUCTION Page - 1 2) PERFORMANCE OF CONTRACTS Page - 2 to 5 3) CONCLUSION Page - 6 4) BIBLIOGRAPHY Page - 7 INTRODUCTION IMPORTANCE OF CONTRACT LAW: Contract law lays down general principles of contract. It is like a limit or boundary within which parties can agree upon something. It lays down the circumstances in which it will be legally obligatory to perform a promise and provides remedies for breach. Our society depends upon free exchange in

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    Performance Contract in Kenya

    UNDERSTANDING QUALITATIVE RESEARCH Qualitative research, also called interpretive research or field research, is a methodology that has been borrowed from disciplines like sociology and anthropology and adapted to educational settings. Qualitative researchers, as you already have learned, use the inductive method of reasoning and strongly believe that there are multiple perspectives to be uncovered. Qualitative researchers focus on the study of social phenomena and on giving voice to the feelings

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    Contracts

    explaining the essential elements of a contract and the applicable remedies in the event of a breach What is required for a valid offer? How can one accept an offer? What is the concept of consideration and what form(s) can consideration take in creating a contract? What factors must be considered in assessing the legal sufficiency of an offer, acceptance, and consideration in determining whether a contract is enforceable? In the event that a contract is formed and subsequently broken, what

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    13 Chapter Contracts and Sales: Performance and Remedies

    13 CHAPTER CONTRACTS AND SALES: PERFORMANCE AND REMEDIES TRUE/FALSE 1. A contract with a minor is voidable at the minor's option. ANS: T NAT: AACSB: Analytic TOP: capacity 2. A contract with a party who has been declared incompetent is voidable. ANS: F NAT: AACSB: Analytic TOP: capacity 3. The contracts of a person who has been declared legally incompetent are void. ANS: T NAT: AACSB: Analytic TOP: capacity 4. Minors are liable for the reasonable value of necessaries. ANS: T NAT: AACSB: Analytic

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    Contracts

    Contracts Assignment 2 1. Yes the acceptance is binding. Per UCC § 2-206 any “reasonable” method of acceptance is valid Including: * Verbal acceptance * Acceptance by action that implies an acceptance * Shipping in response to an order of goods * Silence; if the offeree fails to return something that she was supposed to return if she wasn’t going to buy it or in another case where silence can reasonably be interpreted to be an acceptance. In this matter Terra, Inc., orally

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    Impact of Psychological Contract on Employee Performance.

    In a organization psychological contract is a essential part of positive employee relationship. It requires interaction & communication between employer & employee. Basically psychological contract is the`mutual beliefs, perceptions and informal obligations between an employer and employee (D.Rousseau,1989). It can be distinguished from the legal employment contract. It is the perception of both employee and employer, of what are their mutual obligations towards each others. It can be more influential

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    Contracts

    Watches,” in Chicago IL for not following through with their agreement? Is the contract irrelevant because it was not reduced to UCC Statute of Frauds? According to Section 2 of the UCC Statute of Frauds, Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against

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    Contract

    1.0 Introduction 1.1 Basic Elements of Contract In order to form a valid contract, each agreement must fulfill some important elements which are stated in Section 10 (1) of Contract Act 1950, “All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful object, and are not hereby expressly declared to be void.” This section emphasizes the legal contract, the willingness and the parties capable of contracting and consideration which are all part

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    Contracts

    When entering into a contract, it is important to note the elements of what makes a contract a legal binding agreement between two parties. The Theory to practice case is between Mr. Chou and BBT. Mr. Chou agreed soul distributorship on a 90-day contract agreement in return that BBT paid a sum for Mr. Chou’s product. Agreement, mutual assent, consideration, and capacity legality made up the two parties entrance into the contract. As in the case of BBT and Mr. Chou all contracts have differences to

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    Contracts

    CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part, not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred

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    Contracts

    Under English law a contract is defined as “an agreement made between two or more parties which is legally binding on them”. Jones, L., p.87. For a contract to be binding it must contain the elements of agreement, consideration, intention to create legal relations, compliance and the capacity to contract. A contract can be made verbally, by conduct or in writing. Contracts may also be bilateral or unilateral in nature. Agreement means there is

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    Contracts

    By MMArias Contract Wording When parties decide to enter a contract, the parties should meet and agree on the context of the contract. The context of the contract should be worded precisely with the expectation, payment, consequences if contract breached, communication to be held by parties, delivery time, and expectations of the product. When Citizen Schwarz AG and Span Systems decided to do business together, the contract created by both parties contained ambiguous wording that could be

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    Contract

    Essential Elements of Contract A contract is agreement enforceable by law. Every contract is an agreement but every agreement is not necessarily a contract. An agreement becomes contract only when it possesses certain essential elements. The presence of these features in the agreement gives it legal enforceability. 1. Valid offer Any agreement between two or more parties begins with an offer. An offer is made when one person signifies to another his willingness to do or abstain from doing something

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    Contracts

    compensated for the shipment expenses but in the labor that was put forth in making it a success. Per The Statute of Frauds, there must be a writing that is signed by the party against whom the contract is being enforced. It also should include the existence of an agreement and quantity. Full performance is enough to satisfy the Statute of Frauds. In which case, this particular order form included all the above. The only other alternatives to Wally actually winning this case would be to enforce

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    Performance on Sales Contract

    Performance of the Sales Contract 1. No. The fact that the driver refused to let Sarah inspect the car before receiving a certified check for the balance due, and then unloaded the car and gave Sarah the title to the car after receiving the check, suggests that the parties agreed that Sarah was not entitled to inspect the car before payment against documents of title. 2. Assuming that Sarah was not entitled to the inspection of the car before payment and that she discovered the scratches

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    Contract

    Betty v. Art Issue: Was there a valid contract between Betty and Art? Formation For there to be a contract, there must be an offer, acceptance and consideration. Offer Issue: Whether there was a valid offer between Betty and Art? Under the restatement §24, an offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his/her assent to that bargain is invited and will conclude it. In determining whether there is

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    Contract

    Contract for Transportation Services NORTH CAROLINA COUNTY OF Transportation Agreement THIS AGREEMENT, as set forth herein between (transportation system), and (hereinafter referred to as “County”), (human service agency) (hereinafter referred to as “Agency”) represents a mutual understanding and agreement whereby County will provide to Agency certain services as set forth below. I. PURPOSE The purpose of this Agreement is to provide efficient and effective specialized transportation

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    Contracts

    Client Name 02. Introduction 03. Project Overview & Objectives 04. Mobile Website / Mobile Applications Development Strategies 05. Analytics 06. Secure Hosting 07. Maintenance 08. Client Responsibilities 09. Monthly Fees 10. White Label Contracts 11. Billing Schedule 12. Terms and Conditions (YOUR COMPANY) is pleased to submit a proposal for the development of a mobile app to (CLIENT NAME). The terms of this proposal are valid for up to sixty days after being presented

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    Contract

    Better Practice Contract Management Framework Better practice element Comment: What is required and why Governance Agencies’ contract management delegations are clear and consistent with general financial delegations Define oversight, financial and management controls. • Agencies’ general financial delegations should take precedence over contract management delegations, such as signing the contract. • Contract management delegations should escalate based on the risks

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    Contract

    then be in breach of contract as he has not fulfilling this end of the contact, however keeping his age in mind and that the bike is not a necessary Simon would not be liable to pay. Case – Nash v Inham 2. Giving that Les is up to date with his payments and has complied with all parts of the policy then the Xexon Ltd would need to provide written explanation as to why they are refusing to pay failure to provide a written explanation would be a breach of contract as insurers have the

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    Contracts

    applies regardless of whether either party is a merchant. 2 However, some UCC rules require one or both parties to be a merchant. 2 UCC 2-105 (definition of “goods”) 1 All things which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid. 3 UCC 2-104 (definition of “merchant”) 1 A person who (1) deals in goods of the kind or (2) otherwise by his occupation holds himself out as having knowledge or skill peculiar

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    Contracts

    applicable to your organisation. Now, coming to the contracts encountered in organisations. The first contract we will discuss in brief is the contract with the employees: Contracts of employment Key points • A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship. • Most employment contracts do not need to be in writing to be legally valid, but it is better if they are. • A contract 'starts' as soon as an offer of employment is accepted

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    Contracts

    Project 1 BUSN210 Phillippa Webb 11/20/15 A contract is a legally binding agreement between competent parties and can be written, spoken or implied. A contract is valid and enforceable when the following things exist, an offer, the acceptance of the offer, it must be legal, consideration and it must be fair for all involved. Contracts can be written, verbally or even implied, however the best type of contract is written. Ever heard the saying get it in writing, that is because when things

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    Contracts

    Question 1-a The main contract requirements are: 1. the agreement of the parties 2. the consideration 3. the object, what we are dealing with? 4. form requirements, when that is required by law under pain of nullity The essential elements of the contract are, therefore, almost the same as the legal transaction, it is true, however, that some of these have the typical characteristics, we begin with the agreement. Agreement is the meeting of the wills of the parties, constitutes the equivalent

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    Contracts

    ANS: For managing contracts it is important to break down contract management in to three phases. 1. Planning, Solicitation and Bidding (Preward) 2. Negotiation and Signing (Award) 3. Implementation (Post ward) In contract management process these phases comprise six major activities for the seller. 1. Buyer Procurement Planning: The process of identifying which business needs can be best met by processing products or services outside the organization. Seller Presales

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    Contract

    Proposal, nor will it be made part of any resulting contract. The QASP is provided in order to give the Contractor an understanding of the Government’s Quality Assurance Surveillance Efforts for this contract. It is designed to aid the Contracting Officer's Representative (COR) in providing effective and systematic surveillance of all aspects of the Fort Huachuca Directorate of Logistics Base Operations Services being provided under the contract. B. Purpose: 1. The purpose of the QASP

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    Contract

    City General Conditions of the Contract PEEDMO-BPH & PEEDMO-PHS (Val) 1. Definitions 1.1 In this Contract, the following terms shall be interrupted indicated: a) “The Contract “ means the agreement entered into between the PROCURING ENTITY and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) “The Contract Price” means the price payable to the

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    Contract

    Contract This contract for the rental of a venue is made this day, 03/27/2016, by and between Sport Palace "Dinamo", hereafter referred to as the Owner, and Sports club "Dinamo" (Moscow), hereafter referred to as the Renter. Whereas, the Renter desires to temporarily rent, occupy, and make use of the Owner's venue, located at Lavochkina st., 32, Moscow, Russia and known as Sport Palace "Dinamo". Whereas, the Owner agrees to such rental, occupation, and use in consideration of certain payments

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    Contracts

    video I opted to go with Option 3, creating a contract that clearly states in writing the implied terms of the contract verbally communicated in the contracts. A contract is not a replacement for trust; it is the basis for trust. “Contract administration starts with developing clear, concise performance based statements of work to the extent possible, and preparing a contract administration plan that cost effectively measures the contractor’s performance and provides documentation to pay accordingly

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    Contracts

    Time and Material Contracts Scott L. Earle Con 280 - Source Selection and Acquisition of Service Contracts March 12, 2012 Various DAU Faculty from Huntsville, AL Campus Time and Material Contracts Department of Defense (DoD) Contract Officers and Contracting Specialists are tasked with being the stewards of the American taxpayer’s hard earned dollars and it is a responsibility they take personally. Acquisition personnel are tasked with utilizing the proper contract vehicle to procure

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    Contracts

    Client. A usable copy of this contract follows this explanation. All the first part, above, is doing is stating that this contract is between (fill in your name) and the client. (Fill in his personal name, company name, address). The client may want to have his attorney see this contract. 1. Purpose of Agreement: Circumstances have lead Client to believe that he, or other parties, are being targeted by criminal forces of some kind and he hereby agrees to contract with Bodyguard to provide personal

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    Contracts

    A contract is an agreement between parties, with terms and conditions that describe the agreement, that constitutes a legal obligation. Contracts provide the means for individuals and businesses to sell and otherwise transfer property, services, and other rights. The four elements of a valid contract are agreement, consideration, contractual capacity, and lawful object, in order for a contract to be enforceable all four of these requirements must be

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    Contracts

    Commercial Transactions (Contracts) There are four elements of a valid contact and they are as follows. The first element is an agreement. An agreement can be between individuals, individuals and companies or companies and companies. The second element is consideration. With having consideration this is the most common when there is money exchanged for services that were provided or also goods that were exchanged. The third element is contractual capacity or where the parties are qualified

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    Contracts

    1. Invitation to Treat v. Offer to the World at Large A contract may be defined as ‘a promise or set of promises which the law will enforce’ or as ‘an agreement giving rise to obligations which are enforced or recognized by law’ . An ‘offer’ is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed . An offer may be addressed either to an individual

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    Contract

    STANDARD FREEDOM COUNTY CONTRACT 3/97 ©Copyright 1997 Freedom County Bar Association, Inc. All Rights Reserved. (Any change in the text without authorization shall constitute copyright infringement under the Copyright Act of the United States.) THIS CONTRACT FORM HAS BEEN APPROVED BY THE FREEDOM COUNTY BAR ASSOCIATION AND THE FREEDOM COUNTY BOARD OF REALTORS. ATTORNEY APPROVAL: This Contract is contingent upon PURCHASER and SELLER obtaining approval of this Contract by their respective attorneys

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