Common use of Buyer’s Objections Clause in Contracts

Buyer’s Objections. Within thirty (30) days of the date of Buyer’s receipt of 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. 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 fifteen (15) 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:

Buyer’s Objections. Within thirty (30) days of after receiving the date of Buyer’s receipt last item of the Title Evidence, but Buyer shall notify Seller in writing of any event within 60 days after the date of this Agreement, Buyer will make written objections (“Objections”) to the form and/or contents of matters disclosed in the Title CommitmentEvidence. 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 fifteen twenty (1520) 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:

Buyer’s Objections. Within thirty Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within ten (3010) days of receiving the Title Commitment. Buyer’s failure to make Objections within such period will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules thereto. Any specific matter shown in the Title Commitment and the Schedules thereto and not objected to by Buyer shall be included as a “Permitted Exception” hereunder. In the event Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto, Seller shall have five (5) days from delivery of Buyer’s notice to notify Buyer, in writing, that: (i) Seller will cause the 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 will not eliminate the disapproved exceptions. If Seller: (i) notifies Buyer, in writing, that Seller will not eliminate the 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 eliminated on or before Closing, then this Agreement shall terminate, and neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder except that the Xxxxxxx Money previously paid by Buyer together with any interest accrued thereon, shall be immediately refunded by the Closing Agent to Buyer, unless within three (3) days of the date earlier of Buyer’s receipt (i) the expiration of the Title Evidencesaid five (5) day period, but in any event within 60 days after or (ii) the date of this Agreementthat Seller notifies Buyer that Seller will not eliminate the objected to exceptions, Buyer will make written waives its objections (“Objections”) and elects to proceed with Closing subject to the form and/or contents of the Title Commitment. Any matter shown on such Title Evidence and not specifically waived or objected to by Buyer within the time periods set forth exceptions. The title exceptions approved as provided herein shall be deemed a “included as Permitted Encumbrance” hereunderExceptions. Objections to be discharged by Seller will have fifteen (15) days after receipt may be paid out of the Objections to cure or insure over, to the sole satisfaction purchase money received at date 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:.

Buyer’s Objections. Within thirty ten (3010) days of after receiving the date of Buyer’s receipt last item of the Title EvidenceEvidence and any revisions, but in any event within 60 days after endorsements and/or supplements thereto, as the date of this Agreementcase may be, Buyer will make written shall notify Seller of any objections (“Objections”) to the form and/or contents of the Title CommitmentEvidence. Buyer’s failure to make Objections within such time period will constitute a waiver of Buyer’s right to make Objections. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic’s lien and any other monetary lien against the Property (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 fifteen thirty (1530) 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:

Buyer’s Objections. Within thirty (30) days of the date of Buyer’s receipt of the Title Evidence, but in any event within 60 days after the date of this Agreement, Buyer will make written notify Seller of any objections (“Objections”) to the form and/or contents of the Title CommitmentEvidence ("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"). Buyer's failure to make Objections within such time 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 fifteen ten (1510) 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: 6.2.1 Terminate this Agreement by written notice to do either Seller within ten (10) days following expiration of the Objection Response Period. 6.2.2 Waive the Objections by written notice to Seller, in which event any un-cured Objection, except for any Monetary Lien, shall be deemed a Permitted Encumbrance, and proceed to Closing. If Buyer does not deliver a written notice within ten (10) days following as its sole recourse:expiration of the Objection Response Period, Buyer shall be deemed to have made the election in this Section 6.2.2. 6.3

Buyer’s Objections. Within thirty Buyer shall be allowed until the date twenty (3020) days after receiving all the Commitments and Surveys to notify Seller in writing of any objections based on the date form of Buyer’s receipt of or the matters disclosed by the Title Evidence, but in any event within 60 days after the date of this Agreement, Buyer will make written objections Evidence and/or Surveys (“Objections”) ). Buyer’s failure to the form and/or contents make Objections within such time period will constitute a waiver of the Title Commitmentany 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 fifteen (15) 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:Commitment 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. 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 Section 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, in which case such notice shall be deemed delivered when sent by such email.

Buyer’s Objections. Within thirty (30) days Prior to the expiration of the date of Buyer’s receipt of the Title Evidence, but in any event within 60 days after the date of this AgreementInspection Period, Buyer will may make written objections (“Objections”) thereto. In the event the Title Evidence is not timely delivered, Buyer shall receive a day for day extension to the form and/or contents of Inspection Period, with respect to the rights set forth under this Section 9.2 only, for each day the Title Evidence is delivered beyond the deadline set forth in Sections 9.1.1 and 9.1.2 above. Buyer shall also have the right to 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 such time 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. 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 will have fifteen shall notify Buyer in writing whether it intends to cure any of the Objections. Seller shall be allowed not less than thirty (1530) 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 expiration of the Seller Cure Period to terminate this Agreement by giving written notice thereof to Seller, and upon so doing the Xxxxxxx Money, and the interest accrued and unpaid on the Xxxxxxx Money, if any, shall be immediately returned to Buyer. If such notice is not timely delivered, Buyer shall be deemed to have waived the uncured Objections and shall perform this Agreement according to its sole recourse:terms.

Buyer’s Objections. Within thirty ten (3010) business days of the date of Buyer’s receipt of the all 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 CommitmentCommitment 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 fifteen five (155) 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:

Buyer’s Objections. Within 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 (30) 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 which is thirty (30) days from the expiration of the Inspection Period shall so notify Buyer and Buyer, within five (5) Business Days from receipt of Seller's notice, time being of the essence, shall, in writing, either (a) waive such of Buyer’s receipt 's Objections as Seller shall have been unable or unwilling to cure (without a reduction in the Purchase Price) or (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 Title Evidence, but in any event within 60 days after the date obligations which expressly survive termination of this Agreement. If Buyer does not provide its election notice timely, then Buyer will make written objections (“Objections”) to the form and/or contents of the Title Commitment. 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” hereunderto 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 contrary contained in this Agreement, Seller will have fifteen shall pay all monetary liens and encumbrances (15) days after receipt up to the amount of the Objections Purchase Price) prior to cure or insure over, to the sole satisfaction of Buyer, the Objections (“Seller Title Cure Period”), during which period the 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:object thereto.

Buyer’s Objections. Within thirty twenty (3020) days of after receiving the date of Buyer’s receipt last of the Title Evidence, but in any event within 60 days after the date of this Agreement, Buyer will shall make written objections (the “Objections”) to the form and/or contents of the Title CommitmentEvidence, including the Permitted Encumbrances. Buyer’s failure to make Objections within such time 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 fifteen sixty (1560) 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: