"Whereas, according to the sharing agreement... The seller will have 1 store as defined in the sharing agreement (228 net square meters and 262.2 gross square meters) marked in green in the drawing..."
- As part of the agreement, the defendant undertook to build the store for the plaintiff and to complete it and deliver it at the envelope level, completed in accordance with the technical specifications and plans, after receiving an occupancy form, known as Form 4, and when it is free of any person and object, and all no later than 12 months from the date of signing the agreement, i.e., on July 21, 2016. It was also possible to postpone the date by an additional three months (clauses 5.1 and 5.2 of the agreement, as well as in Appendix B to the agreement), i.e., until October 21, 2016, at the latest. It was also determined (in clause 5.3 of the agreement) that in the event that delivery is postponed beyond the aforementioned date, the plaintiff will be entitled to compensation in accordance with the amounts specified in the Apartment Sale Law. For the sake of good order, I will detail the main points of the section that are necessary for our matter:
- I will first refer to the provision for postponement of delivery, including the possibility of postponing delivery by 3 months, as detailed in clause 5.2 of the Agreement as follows:
"Notwithstanding all the provisions of the contract, a delay in completing the sale and delivering it to the buyer, for any reason whatsoever, not exceeding 90 days, as well as postponements resulting from the reasons enumerated... The following, and even if it continues beyond the aforementioned 90-day period, will not constitute a breach of the Seller's obligations and will not entitle the Buyer to any remedy. In addition, this delay will not be included in the count of the period that entitles the buyer to any compensation."
Clause 5.4 of the agreement deals with a postponement for a period exceeding the first three months, which deals with "force majeure" as follows: