BUYER’S ELECTION TO ACCEPT TITLE. The Buyer shall have the election, at either the original or any extended time for performance, to accept such title as the Seller can deliver to the Premises in their then condition and to pay therefor the Purchase Price without deduction, in which case the Seller shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the Premises shall have been damaged by fire or casualty insured against, then the Seller shall, unless the Seller has previously restored the Premises to their former condition either:
a. pay over or assign to the Buyer, on delivery of the Deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the Seller for any partial restoration; or
b. if a holder of a mortgage on the Premises shall not permit the insurance proceeds or a part thereof to be used to restore the Premises to their former condition or to be so paid over or assigned, give to the Buyer a credit against the purchase price, on delivery of the Deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the Seller for any partial restoration.
BUYER’S ELECTION TO ACCEPT TITLE. The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title.
BUYER’S ELECTION TO ACCEPT TITLE. The Buyer shall have the election, at either the original or any extended time for performance, to accept such title as the Seller can deliver to the Unit in its then condition and to pay therefor the purchase price without deduction, in which case the Seller shall convey title, except that in the event of such conveyance in accordance with the provisions of this section, if the Unit shall have been damaged by fire or casualty insured against by the organization of unit owners or by the Seller, then the Seller shall, on delivery of the Deed, unless the Unit has previously been restored to its former condition, pay over or assign to the Buyer all amounts recovered or recoverable by the Seller on account of such insurance, and give the Buyer a credit against the purchase price equal to any amounts otherwise so recoverable which are retained by the holder of a mortgage on the Unit, less any amounts reasonably expended by the Seller for any partial restoration.
BUYER’S ELECTION TO ACCEPT TITLE. BUYER shall have the election, at either the original Closing Date or any extended Closing Date, to accept such title as SELLER can deliver to the Property in its then condition and to pay therefor the Purchase Price without deduction, in which case the SELLER shall convey such title to BUYER.
BUYER’S ELECTION TO ACCEPT TITLE. In addition to BUYER's rights under the provisions of Sections 7 and 8 above, BUYER shall have the election, at either the original or any extended time for performance, to accept such title as SELLER can deliver to the Premises in its then existing condition and to pay therefore the Purchase Price without deduction, in which case SELLER shall convey such title, except as otherwise provided in Section 12 below.
BUYER’S ELECTION TO ACCEPT TITLE. The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against by the organization of unit owners or by the SELLER, then the SELLER shall, on delivery of the deed, unless said premises have previously been restored to their former condition, pay over or assign to the BUYER all amounts recovered or recoverable by the SELLER on account of such insurance, and give the BUYER a credit against the purchase price equal to any amounts otherwise so recoverable which are retained by the holder of a mortgage on the UNIT, less any amounts reasonably expended by the SELLER for any partial restoration.
BUYER’S ELECTION TO ACCEPT TITLE. The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said Premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said Premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the Premises to their former condition, pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration.
BUYER’S ELECTION TO ACCEPT TITLE. In addition to BUYER's rights under the provisions of Sections 7 and 8 above, BUYER shall have the election, at either the original or any extended time for performance, to accept such title as SELLER can deliver to the Premises in its then existing condition and to pay therefore the Purchase Price without deduction, in which case SELLER shall convey such title. If any exception to title is recorded after the date of BUYER's Title Notice, and BUYER does not elect to waive such exception and to proceed with the consummation of the Closing upon the first to occur of (a) the Closing or (b) seven (7) days after being notified in writing of such exception, SELLER will have fifteen (15) days after the expiration of said seven (7) day period (and Closing will be delayed if necessary, so that it occurs not earlier than twenty-two (22) days after BUYER is notified of such exception) after notifying BUYER of such discovery in which to eliminate or to induce the title company to insure over (subject to BUYER's approval, not to be unreasonably withheld) such exception, and if such exception is not eliminated or insured over as aforesaid within said 15-day period, then BUYER may terminate this Agreement, in which event all payments made under this Agreement shall be promptly refunded to BUYER and all other obligations of the parties hereto shall cease and this Agreement shall be void and without recourse to the parties hereto, or if the same constitutes a default of SELLER hereunder, BUYER shall have the remedies set forth in Section 17. SELLER shall use good faith commercially reasonable efforts to cure any involuntary monetary encumbrance which may arise after the date of BUYER's Title Notice (a "Post Title Notice Involuntary Monetary Encumbrance"), provided, however, SELLER shall not be required to expend more than Two Hundred Thousand Dollars ($200,000.00) to cure any such Post Title Notice Involuntary Monetary Encumbrance (the "Post Title Notice Involuntary Monetary Cap"). In the event that SELLER, despite its good faith commercially reasonable efforts, is unable to cure any Post Title Notice Involuntary Monetary Encumbrance within the Post Title Notice Involuntary Monetary Encumbrance Cap, BUYER may elect, at BUYER's sole discretion, to either: (i) terminate this Agreement, in which event all payments made under this Agreement shall be promptly refunded to BUYER, SELLER shall reimburse BUYER for all third-party costs and expenses incurred in connection with the t...
BUYER’S ELECTION TO ACCEPT TITLE a. Buyer shall have election to accept such title as the Seller can deliver
b. If premises damaged by fire or casualty
BUYER’S ELECTION TO ACCEPT TITLE. Buyer shall have the election, at either the original or any extended time for performance, to accept such title as Seller can deliver to the Premises in their then condition and to pay therefore the purchase price without deduction, in which case Seller shall convey such title, except that in the event of such conveyance in accord with the provisions of this paragraph, if the Premises shall have been damaged by fire or casualty insured against, then Seller shall, unless Seller has previously restored the Premises to their former condition, pay over or assign to Buyer,
(a) all amounts recovered or recoverable on account of such insurance (“Recoverable Proceeds”), less any amounts reasonably expended by Seller for any partial restoration; and
(b) an amount equal to the amount by which the Recoverable Proceeds shall have been reduced on account of an applicable insurance deductible.