Common use of Buyer’s Objections Clause in Contracts

Buyer’s Objections. Within ten (10) business days of the date of Buyer’s receipt of all Title Evidence, Buyer will make written objections (“Objections”) to the form and/or contents of the Title Commitment and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been produced. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have five (5) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either of the following as its sole recourse: 4.2.1. Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within ten fifteen (1015) business days after receiving the last of the date of Buyer’s receipt of all Title Evidence, Buyer will make written objections (“"Objections”") to the form and/or contents of the Title Commitment and SurveyEvidence. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period Buyer's failure to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime period will constitute waiver of Objections. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “"Permitted Encumbrance” " hereunder. Seller will have five (5) days after receipt of the Objections shall use its best efforts to cure or insure overthe Objections, to but such efforts shall not postpone the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponed, if necessaryClosing. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured or insured over to by the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence PeriodClosing Date, Buyer will have the option to do either of the following as its sole recourseto: 4.2.1. (1) Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued and unpaid on the Xxxxxxx Money, if any; and (2) Withhold from the Purchase Price an amount which, in the reasonable judgement of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with the Title, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 4.2.2. (3) Waive the Objections and proceed to Closingclose. Notwithstanding anything to the contrary herein, Buyer understands that the real property is subject to a Tax Increment Financing Agreement.

Buyer’s Objections. Within ten twenty (1020) business days after receiving the last of the date of Buyer’s receipt of all Title Evidence, Buyer will shall make written objections (the “Objections”) to the form and/or contents of the Title Commitment and SurveyEvidence, including the Permitted Encumbrances. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period Buyer’s failure to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime period will constitute a waiver of Objections. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” Encumbrance hereunder. Seller will have five sixty (560) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponedadvise Buyer in writing what, if necessaryany, Objections, Seller agrees to cure. To Unless Seller specifically agrees to cure an Objection, Seller is not obligated to cure any Objection, except to cause the extent Property to be released from liens resulting from debt obligations created, allowed or suffered by Seller. If an Objection is an involuntary lienbased on a debt obligation created, judgment, mortgage, deed of trust, mechanic’s lien allowed or the like, and such Objection suffered by Seller can be cured by satisfied with the payment of moneymoney and Seller fails to satisfy same by the Closing Date, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If Seller agrees to cure one or more Objections, Seller shall have twenty (20) days after the date it agrees to cure the Objections to complete same, during which time the Closing Date, if it intervenes during that period, shall be postponed until seven (7) days after the expiration of the cure period. If the Objections that Seller agrees to cure are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Periodtwenty (20) day cure period, Buyer will have the option to do either any of the following as its sole recoursefollowing: 4.2.1. (1) Terminate this Agreement and receive a refund Agreement; in which case the Deposit shall remain the property of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if any.Seller; or 4.2.2. (2) Waive the Objections and proceed to Closingclose. (3) As to Objections that Seller has specifically agreed to cure, seek specific performance or its actual damages resulting from Seller’s default.

Buyer’s Objections. Within ten thirty (1030) business days after receiving the last item of the date of Buyer’s receipt of all Title Evidence, Buyer will make written shall notify Seller in writing of any objections (“Objections”) to the form and/or contents of matters disclosed in the Title Commitment and SurveyEvidence. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been produced. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a to have automatically made Objections to any mortgage, judgment, tax lien, mechanic’s lien and any other monetary lien against the Real Property (collectively “Permitted Encumbrance” hereunderMonetary Liens”). Seller will shall have five twenty (520) days after receipt of the Buyer’s Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”)Objections, during which period the Closing will be postponedpostponed if and as necessary without cost to Buyer. With respect to any update to the Title Commitment and/or the Survey, Buyer shall have ten (10) business days after Buyer’s receipt of the applicable updated Title Commitment and/or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and/or Survey and not timely objected to by Buyer. Seller shall use all reasonable efforts to remedy or otherwise resolve any Objections to Buyer’s satisfaction, and, if necessary. To the extent an Objection is an involuntary lienapplicable, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of moneythe Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to apply a portion of require endorsement(s) to the cash payable Title Policy. If, after using all reasonable efforts, Seller is unable to Seller resolve Buyer’s Objections to Buyer’s satisfaction prior to the Closing Date, Buyer shall have the right to require affirmative coverage in form acceptable to Buyer insuring Buyer in full over the Objections at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing’s expense. If the Objections are not cured or insured over prior to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence PeriodClosing Date, Buyer will have the option to do either any of the following as its sole recourseby notice provided to Seller: 4.2.1. Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within ten Buyer shall have fifteen (1015) business days after the later of receipt of the date Commitment or the Survey within which to examine same (the “Title/Survey Review Period”). Buyer shall, no later than the expiration of Buyer’s receipt the Title/Survey Review Period, notify Seller in writing of all Title Evidence, Buyer will make written objections any defect(s) (the “Objections”) ), provided that if Buyer fails to the form and/or contents give Seller written notice of the Title Objections before the expiration of the Title/Survey Review Period, the matters shown in the Commitment and Survey. If on the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been produced. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein Survey shall be deemed a to be waived as objections and be deemed “Permitted Encumbrance” hereunderExceptions”. Seller will have five thirty (530) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”)Objections, during which period the Closing will shall be postponed, postponed if necessary. To the extent an Objection is an involuntary lienSeller agrees to remove by payment, judgmentbonding, mortgageor otherwise, deed of trust, mechanic’s any lien or encumbrance in a liquidated amount against the like, Property which was created by Seller and such Objection can be cured which is removable by the payment of moneymoney or the posting of a bond. Seller shall remove any other defect provided that Seller shall not be required to cure any other defect(s) to the extent that the cost of curing such defect(s) exceeds, Buyer shall have in the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Selleraggregate, Five Thousand and the amount so applied shall reduce the amount of cash payable to Seller at Closing00/100 Dollars ($5,000.00). If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Periodsaid thirty (30) day period, Buyer will shall have the option to do either of the following as its sole recourseto: 4.2.1. (1) Terminate this Agreement by notice in writing to Seller and receive a refund of the Xxxxxxx Money and the all interest accrued on the Xxxxxxx Money, if any.earned thereon; or 4.2.2. (2) Waive the Objections and proceed to the Closing.

Buyer’s Objections. Within ten If Buyer fails to object timely, then the Title Commitment shall be deemed approved by Buyer. If Buyer's Objections are timely made, Seller will use commercially reasonable efforts to cure the matters covered by Buyer's Objections on or before the date which is thirty (1030) business days from the expiration of the Inspection Period or will advise Buyer, in writing, of Seller’s election not to so cure. If Seller is unable or unwilling to cure the matters covered by Buyer's Objections on or before such date upon terms acceptable to Buyer in Buyer's sole and absolute discretion, then Seller, in writing prior to the expiration of the date of Buyer’s receipt of all Title Evidence, Buyer will make written objections which is thirty (“Objections”30) to days from the form and/or contents expiration of the Title Commitment Inspection Period shall so notify Buyer and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered Buyer, within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been produced. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have five (5) days after Business Days from receipt of Seller's notice, time being of the essence, shall, in writing, either (a) waive such of Buyer's Objections as Seller shall have been unable or unwilling to cure (without a reduction in the Purchase Price) or insure over(b) cancel this Agreement, whereupon, the Xxxxxxx Money Deposit shall be returned to Buyer and all rights and liabilities arising hereunder shall automatically terminate, with the exception of the obligations which expressly survive termination of this Agreement. If Buyer does not provide its election notice timely, then Buyer shall be deemed to have waived such uncured Buyer’s Objections and to have elected to proceed with the Transaction on the terms and conditions of this Agreement. Notwithstanding anything to the sole satisfaction contrary contained in this Agreement, Seller shall pay all monetary liens and encumbrances (up to the amount of Buyer, the Objections (“Seller Title Cure Period”), during which period the Purchase Price) prior to or at Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right no obligation to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either of the following as its sole recourse: 4.2.1. Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if anyobject thereto. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within ten (10) business days after receiving the last item of the date of Buyer’s receipt of all Title EvidenceEvidence and any revisions, endorsements and/or supplements thereto, as the case may be, Buyer will make written shall notify Seller of any objections (“Objections”) to the form and/or contents of the Title Commitment and SurveyEvidence. If the foregoing 10 business-day Buyer’s failure to make Objections within such time period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), will constitute a waiver of Buyer’s right to make Objections. Buyer shall retain be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic’s lien and any other monetary lien against the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been producedProperty (collectively “Monetary Liens”). Any matter shown on such disclosed by the Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have five thirty (530) days after receipt of the Objections to cure or insure over, to (the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”)) to cure the Objections, during which period the Closing will be postponedpostponed as necessary; provided, however, that Seller shall pay Monetary Liens out of proceeds from Closing on the Closing Date if necessarythey are not satisfied prior thereto. To If the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or Cure Period expires prior to the like, and such Objection can be cured by the payment of moneyClosing Date, Buyer shall have the right to apply a portion of extend the cash payable Cure Period to the Closing Date. Seller at Closing shall use commercially reasonable efforts to satisfaction of such Objection if consented correct any Objections (other than Monetary Liens, which shall be paid pursuant to the foregoing) but shall not be required to expend more than $2,500.00 in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closingdoing so. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either may elect any of the following as its sole recourseoptions by providing written notice thereof to Seller and to Title Company: 4.2.1. (i) Terminate this Agreement and receive a refund within ten (10) days after the expiration of the Cure Period. Upon receipt of such notice from Buyer, Title Company shall promptly return the Xxxxxxx Money and to Buyer in accordance with the interest accrued on provisions of the Xxxxxxx MoneyEscrow Agreement. Upon such return, if any.neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or 4.2.2. (ii) Waive the Objections and proceed to Closingclose the transaction contemplated by this Agreement as if such Objections had not been made.

Buyer’s Objections. Within ten (10) business days Prior to the expiration of the date of Buyer’s receipt of all Title EvidenceInspection Period, Buyer will may make written objections (“Objections”) to thereto. In the form and/or contents of event the Title Commitment and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period)timely delivered, Buyer shall retain receive a day for day extension to the foregoing 10 business-Inspection Period, with respect to the rights set forth under this Section 9.2 only, for each day period to review such the Title Evidence is delivered beyond the deadline set forth in Sections 9.1.1 and provide its Objections9.1.2 above. However, Buyer shall use reasonable efforts also have the right to provide its object to the Title Commitment from time to time after such period if, by subsequent endorsement, the Title Commitment is amended; provided, however, the amended Objections shall be delivered to Seller prior to the Closing Date and shall be limited to new matters not already disclosed in the previously provided Title Commitment. Buyer’s failure to make Objections within the Due Diligence Period if such Title Evidence has been producedtime periods will constitute a waiver of Objections. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have Notwithstanding the foregoing, Buyer shall not be obligated to object to monetary liens or encumbrances which may be removed by the payment of money at Closing. Within five (5) business days following Seller’s receipt of the Objections, Seller shall notify Buyer in writing whether it intends to cure any of the Objections. Seller shall be allowed not less than thirty (30) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (the “Seller Title Cure Period”), during which period the Closing Date will be postponed, if necessary. Seller may, but shall have no obligation, to cure any Objections. In the event Seller determines at any time that it is unable or unwilling to cure an Objection, Seller shall give written notice to Buyer and Buyer may, at its option, terminate this Agreement upon written notice delivered DMNORTH #7708141 v4 to Seller but only if given within five (5) days following Buyer’s receipt of Seller’s notice or the Closing Date, whichever is earlier, and upon so doing the Xxxxxxx Money and all accrued interest thereon shall be immediately returned to Buyer. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection if consented to in writing in advance by SellerObjection, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either be exercised by delivering written notice to Seller within five (5) days of the following as its sole recourse: 4.2.1. Terminate expiration of the Seller Cure Period to terminate this Agreement by giving written notice thereof to Seller, and receive a refund of upon so doing the Xxxxxxx Money Money, and the interest accrued and unpaid on the Xxxxxxx Money, if any. 4.2.2, shall be immediately returned to Buyer. Waive If such notice is not timely delivered, Buyer shall be deemed to have waived the uncured Objections and proceed shall perform this Agreement according to Closingits terms.

Buyer’s Objections. Within ten thirty (1030) business days of the date of Buyer’s receipt of all the Title Evidence, but in any event within 60 days after the date of this Agreement, Buyer will make written objections (“Objections”) to the form and/or contents of the Title Commitment and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been producedCommitment. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have five fifteen (515) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either of the following as its sole recourse: 4.2.1. Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within ten (10) business days of Buyer shall be allowed until the date twenty (20) days after receiving all the Commitments and Surveys to notify Seller in writing of Buyer’s receipt any objections based on the form of all or the matters disclosed by the Title Evidence, Buyer will make written objections Evidence and/or Surveys (“Objections”) ). Buyer’s failure to the form and/or contents of the Title Commitment and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime period will constitute a waiver of any Objections, except as otherwise expressly provided in this Agreement. Any matter shown on such the Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted EncumbranceException” hereunderexcept as otherwise provided below in Section 3.3. Seller will have five (5) days after receipt of the Objections agrees to diligently proceed to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closingany Objections. If the Objections are not cured or insured over (to the sole satisfaction Buyer’s reasonable satisfaction) within ten (10) days after Seller’s receipt of Buyer within the applicable Seller Title Cure Period during any part a timely written notice of the Due Diligence PeriodObjections to Seller, Buyer will have the option right (as Buyer’s sole remedy pertaining to do either such failure of Seller to remove an Objection to Buyer’s satisfaction, except as provided in Section 3.3. below) to either: (i) waive the Objection and proceed with the transaction; or (ii) terminate this Agreement by delivering written notice to Seller at any time prior to Closing, in which case the Deposit shall be immediately returned to Buyer. Any liens, encumbrances and other matters affecting title to the Real Property which are created and which may appear of record after the date of the following as its sole recourse: 4.2.1Commitment but before the Closing Date (“Intervening Liens”), shall also be subject to Buyer’s approval, except such Intervening Liens which are created by or through Buyer. Terminate In addition to the other applicable means of written notice Buyer may elect under Section 17.1, any notice by Buyer of Objections or termination under this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx MoneySection 3.2(b) is also permitted to be given by email sent to Seller’s legal counsel without need for other written notice pursuant to Section 17.1, if anyin which case such notice shall be deemed delivered when sent by such email. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within fifteen (15) days of Buyer’s receipt of the Survey from Seller and the final Commitment, together with all applicable exception documents, Buyer may notify the Seller in writing of any objections to any matters disclosed by the Commitment or the Survey (“Objections”). Buyer’s failure to make Objections within such time period will constitute a waiver of Buyer’s right to object thereto. Upon receipt of notice from Buyer of the Objections, Seller shall promptly undertake to cure such Objections and shall diligently prosecute the same to completion; provided, however, that Seller shall have the right, but not the obligation, to cure any non-monetary Objections. Within ten (10) business days of after the date of Buyer’s receipt of all Title EvidenceSeller receives the Objections, the Seller shall notify the Buyer as to which non- monetary Objections, if any, the Seller has elected to cure (the “Cure Notice”). The Seller agrees to diligently proceed to cure any non-monetary Objections that the Seller elects to cure. If any non-monetary Objections that Seller elected to cure are not cured at least fifteen (15) days prior to the Closing Date, Buyer will make have the right, upon providing Seller written objections notice no later than ten (10) days prior to Closing, to: (i) Waive the uncured Objections and proceed to Closing, with such waived Objections becoming “Objections”Permitted Exceptions” to title; or (ii) Terminate this Purchase Agreement by delivering written notice thereof to the form and/or contents Seller. If, prior to Closing, Buyer learns of any lien or encumbrance against any of the Title Private Development Site, or any other title defect that was not disclosed on the Commitment and Surveynotifies Seller of the same in writing (a “Later Objection”), the Seller shall have the right, but not the obligation, to cure such Later Objection. Upon receipt of notice of such Later Objection, Seller shall have such time as set forth in Section 4(b) above to provide a Cure Notice with respect to such Later Objection and the procedure set forth in Section 4(b) with respect to Objections shall apply with respect to such Later Objection. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period Seller fails to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts so cure any Later Objection that Seller elected to provide its Objections within the Due Diligence Period if such Title Evidence has been produced. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Seller will have five (5) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of moneycure, Buyer shall have the right to apply a portion take any of the cash payable to Seller at Closing to satisfaction of such Objection if consented to actions specified above in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either of the following as its sole recourse: 4.2.1. Terminate this Agreement and receive a refund of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections and proceed to Closing.(i) or

Buyer’s Objections. Within ten (10) business days of the date of Buyer’s receipt of all Title Evidence, Buyer will make written notify Seller of any objections (“Objections”) to the form and/or contents of the Title Commitment and SurveyEvidence ("Objections") by the earlier to occur of: (i) the date that is ten (10) days after Xxxxx's receipt of the last of the Title Evidence, or (ii) thirty (30) days after the Effective Date ("Objection Period"). If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period Buyer's failure to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime period will constitute waiver of any 6 Objections. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “"Permitted Encumbrance” " hereunder. Seller shall be under no obligation to cure any Objections. Notwithstanding anything to the contrary in this Agreement, Buyer shall have no obligation to object to, and Seller shall be obligated to remove prior to or at Closing, any judgment against Seller that has been reduced to a monetary amount, or any mortgage, deed of trust or other lien against the Property caused by or entered into by Seller (a "Monetary Lien"). Seller will have five ten (510) days after receipt expiration of the Objection Period (the "Objection Response Period") to notify Buyer in writing as to which of the Objections it will commit to cure or insure over, curing prior to the sole satisfaction of BuyerClosing Date (such written notice, the Objections (“Seller Title Cure PeriodObjection Response”). If, during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right prior to apply a portion expiration of the cash payable Objection Response Period, there are any Objections that Seller has not committed to Seller at Closing to satisfaction of such curing in its Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence PeriodResponse, Buyer will have the option to do either of the following as its sole recourse:to: 6. 4.2.1. 2.1 Terminate this Agreement and receive a refund by written notice to Seller within ten (10) days following expiration of the Xxxxxxx Money and the interest accrued on the Xxxxxxx Money, if anyObjection Response Period. 4.2.2. Waive the Objections and proceed to Closing.

Buyer’s Objections. Within Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within ten (10) business days of receiving the date of Title Commitment. Buyer’s receipt failure to make Objections within such period will constitute a waiver of all Title Evidence, Buyer will make written objections (“Objections”) Objections with respect to the form and/or contents of matters disclosed in the Title Commitment and Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its Objections within the Due Diligence Period if such Title Evidence has been producedSchedules thereto. Any specific matter shown on such in the Title Evidence Commitment and the Schedules thereto and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed included as a “Permitted EncumbranceException” hereunder. In the event Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto, Seller will shall have five (5) days after receipt of the Objections to cure or insure over, to the sole satisfaction from delivery of Buyer’s notice to notify Buyer, in writing, that: (i) Seller will cause the Objections disapproved exceptions to be removed from the policy of title insurance to be issued in favor of Buyer on or before Closing; or (“ii) that Seller Title Cure Period”)will not eliminate the disapproved exceptions. If Seller: (i) notifies Buyer, during which period in writing, that Seller will not eliminate the Closing objected to exceptions on or before Closing; or (ii) Seller does not notify Buyer, in writing, that Seller will cause the objected to exceptions to be postponedeliminated on or before Closing, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the likethen this Agreement shall terminate, and such Objection can be cured by the payment of money, neither Buyer nor Seller shall have the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Sellerany further rights, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured duties, or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will have the option to do either of the following as its sole recourse: 4.2.1. Terminate this Agreement and receive a refund of obligations hereunder except that the Xxxxxxx Money and the previously paid by Buyer together with any interest accrued on thereon, shall be immediately refunded by the Xxxxxxx MoneyClosing Agent to Buyer, if any. 4.2.2unless within three (3) days of the earlier of (i) the expiration of said five (5) day period, or (ii) the date that Seller notifies Buyer that Seller will not eliminate the objected to exceptions, Buyer waives its objections and elects to proceed with Closing subject to the objected to exceptions. Waive The title exceptions approved as provided herein shall be included as Permitted Exceptions. Objections to be discharged by Seller may be paid out of the Objections and proceed to purchase money received at date of Closing.

Buyer’s Objections. Within ten (10) business days after receiving the last of the date of Buyer’s receipt of all Title Evidence, Buyer will shall make written objections (“Objections”) to the form and/or and or contents of the Title Commitment Evidence; provided, however, that Buyer shall not be obligated to object to any mortgages, mechanics and Survey. If other monetary liens created during Seller’s period of ownership of the foregoing 10 business-day period occurs beyond the Due Diligence Period Property (or if Title Evidence is not delivered within the Due Diligence Periodcollectively, "Monetary Liens"), Buyer which Monetary Liens shall retain the foregoing 10 business-day period be satisfied or released by Seller at or prior to review such Title Evidence and provide its ObjectionsClosing. However, Buyer shall use reasonable efforts Buyer’s failure to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime will constitute a waiver of Objections. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a an additional “Permitted Encumbrance” hereunder. Seller will have five Within ten (510) days after receipt of the Objections to cure or insure over, to the sole satisfaction of Buyer, the ’s Objections (“Seller Title Cure PeriodResponse Deadline”), during which period the Closing Seller shall notify Buyer if Seller will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right undertake to apply a portion cure each of the cash payable Objections prior to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If Seller fails to respond by the Response Deadline or notifies Buyer that Seller is unable or unwilling to satisfy one or more Objections are not cured (except for Monetary Liens, which Seller hereby agrees shall be removed at or insured over prior to Closing), then Buyer may either (x) terminate this Agreement by providing Seller with a written termination notice within ten (10) days after the Response Deadline, in which event the Xxxxxxx Money shall be returned to Buyer and this Agreement will be of no further force and effect except as expressly set forth in this Agreement, or (y) waive the objections and proceed to the sole satisfaction of Closing on the Closing Date, in which case such matters shall be additional “Permitted Encumbrances.” In the event Buyer does not terminate this Agreement within ten (10) days after the applicable Seller Title Cure Period during any part of the Due Diligence PeriodResponse Deadline, Buyer will be deemed to have elected option (y) herein. If Seller notifies Buyer prior to the option Response Deadline that Seller will undertake to do cure an Objection, but fails to cure such objection prior to Closing, then Buyer may either of the following as its sole recourse: 4.2.1. Terminate terminate this Agreement and receive by providing Seller with a refund of written termination notice prior to Closing, in which event the Xxxxxxx Money shall be returned to Buyer and this Agreement will be of no further force and effect except as expressly set forth in this Agreement, or waive the interest accrued on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections objections and proceed to the Closing.

Buyer’s Objections. Within ten thirty (1030) business days after receiving the last of the date Title Evidence and the Survey, Xxxxx will notify Seller of Buyer’s receipt of all Title Evidence, Buyer will make written any objections (“Objections”) to the form and/or contents of the Title Commitment and Survey. If Evidence or the foregoing 10 business-Survey but in all events prior to the expiration of the initial 365 day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within the Due Diligence Period“Objections”), Buyer shall retain the foregoing 10 business-day period . Buyer's failure to review such Title Evidence and provide its Objections. However, Buyer shall use reasonable efforts to provide its make Objections within the Due Diligence Period if such Title Evidence has been producedtime period will constitute waiver of any Objections. Any matter shown on such Title Evidence or Survey and not specifically waived or objected to by Buyer within the time periods set forth herein shall be deemed a “Permitted Encumbrance” hereunder. Notwithstanding anything to the contrary herein, Buyer shall not be required to object to the following items encumbering the Property: mortgage, deed of trust, judgment lien, federal tax lien, or other liens securing a monetary obligation, the standard exceptions, and any exceptions to title created by Seller and not reflected in the Title Evidence; and such liens shall not be a Permitted Encumbrance, and Seller shall have the obligation to remove such liens at Closing. Seller will have five ten (510) business days after receipt of the Objections to provide written notice of Seller’s response to the Objections; provided, Seller’s failure to provide such response shall be deemed to be Seller’s election not to endeavor to cure any Objections. Seller may, but shall be under no obligation to, cure or endeavor to cure any Objections. If Seller elects to cure or endeavor to cure all or any of the Objections, Seller will have thirty (30) days after receipt of the Objections to cure the same at or insure over, prior to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”)Closing, during which period the Closing will be postponed, if necessary. To the extent an Objection is an involuntary lien, judgment, mortgage, deed of trust, mechanic’s lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, and the amount so applied shall reduce the amount of cash payable to Seller at Closing. If the Objections are not cured or insured over to the sole satisfaction of Buyer within the applicable Seller Title Cure Period during any part of the Due Diligence Periodsuch period, Buyer will have the option to do either any of the following as its sole recoursefollowing: 4.2.18.2.1. Terminate this Agreement Agreement, and notwithstanding anything to the contrary herein, receive a refund of the Xxxxxxx Money (and the interest accrued earned on the Xxxxxxx Money, if any. 4.2.2. Waive the Objections and proceed to Closing.), in which event neither Buyer nor Seller shall have any further duties or obligations under this Agreement, except as otherwise provided herein; or