Common use of Buyer’s Objections Clause in Contracts

Buyer’s Objections. Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within ten (10) 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 ▇▇▇▇▇▇▇ 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 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. 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 purchase money received at date of Closing.

Buyer’s Objections. Within ten (10) business days of the date of Buyer’s receipt of all Title Evidence, Buyer will make any written objections it may have regarding (“Objections”) to the form and/or contents of the Title Commitment and any Schedules thereto Survey. If the foregoing 10 business-day period occurs beyond the Due Diligence Period (or if Title Evidence is not delivered within ten (10) days of receiving the Due Diligence Period), Buyer shall retain the foregoing 10 business-day period to review such Title CommitmentEvidence and provide its Objections. Buyer’s failure However, Buyer shall use reasonable efforts to make provide its Objections within the Due Diligence Period if such period will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules theretoEvidence has been produced. Any specific matter shown in the on such Title Commitment and the Schedules thereto Evidence and not specifically waived or objected to by Buyer within the time periods set forth herein shall be included as deemed a “Permitted ExceptionEncumbrance” hereunder. In the event Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto, Seller shall will have five (5) days from delivery 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 notice lien or the like, and such Objection can be cured by the payment of money, Buyer shall have the right to notify Buyerapply a portion of the cash payable to Seller at Closing to satisfaction of such Objection if consented to in writing in advance by Seller, in writing, that: (i) and the amount so applied shall reduce the amount of cash payable to Seller will cause at Closing. If the disapproved exceptions Objections are not cured or insured over to be removed from the policy of title insurance to be issued in favor sole satisfaction of Buyer on or before Closing; or (ii) that within the applicable Seller Title Cure Period during any part of the Due Diligence Period, Buyer will not eliminate have the disapproved exceptionsoption to do either of the following as its sole recourse: 4.2.1. 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 Terminate this Agreement shall terminate, and neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder except that receive a refund of the ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any and the interest accrued thereonon the ▇▇▇▇▇▇▇ Money, shall be immediately refunded by if any. 4.2.2. Waive the Closing Agent Objections and proceed to Buyer, unless 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. 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 purchase money received at date of Closing.

Buyer’s Objections. Prior to the expiration of the Inspection Period, Buyer will may make any written objections it may (“Objections”) thereto. In the event the Title Evidence is not timely delivered, Buyer shall receive a day for day extension to the 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 regarding 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 any Schedules thereto within ten (10) days of receiving shall be limited to new matters not already disclosed in the previously provided Title Commitment. Buyer’s failure to make Objections within such period time periods will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules theretoObjections. Any specific matter shown in the on such Title Commitment and the Schedules thereto Evidence and not objected to by Buyer shall be included as a “Permitted ExceptionEncumbrance” 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 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 the Objections (the “Seller 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 Buyer’s objection Seller determines at any time that it is unable or unwilling to any exceptions or defects set forth in the Title Commitment and the Schedules theretocure an Objection, Seller shall have 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 from delivery of following Buyer’s receipt of Seller’s notice to notify Buyeror the Closing Date, 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 terminatewhichever is earlier, and neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder except that upon so doing the ▇▇▇▇▇▇▇ Money previously paid and all accrued interest thereon shall be immediately returned to Buyer. To the extent an Objection can be satisfied by the payment of money, Buyer together with any shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfaction of such Objection, and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within the Seller Cure Period, Buyer will have the option to be exercised by delivering written notice to Seller within five (5) days of the expiration of the Seller Cure Period to terminate this Agreement by giving written notice thereof to Seller, and upon so doing the ▇▇▇▇▇▇▇ Money, and the interest accrued thereonand unpaid on the ▇▇▇▇▇▇▇ Money, if any, shall be immediately refunded by the Closing Agent returned to Buyer, unless 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 . If such notice is not eliminate the objected to exceptionstimely delivered, Buyer waives its objections and elects to proceed with Closing subject to the objected to exceptions. The title exceptions approved as provided herein shall be included as Permitted Exceptions. deemed to have waived the uncured Objections and shall perform this Agreement according to be discharged by Seller may be paid out of the purchase money received at date of Closingits terms.

Buyer’s Objections. Buyer will make shall be allowed until the date twenty (20) days after receiving all the Commitments and Surveys to notify Seller in writing of any objections it may have regarding based on the form of or the matters disclosed by the Title Commitment and any Schedules thereto within ten Evidence and/or Surveys (10) days of receiving the Title Commitment“Objections”). Buyer’s failure to make Objections within such time period will constitute a waiver of Objections with respect to matters disclosed any Objections, except as otherwise expressly provided in this Agreement. Any matter shown on the Title Commitment and the Schedules thereto. Any specific matter shown in the Title Commitment and the Schedules thereto Evidence and not objected to by Buyer shall be included as deemed a “Permitted Exception” hereunderexcept as otherwise provided below in Section 3.3. In Seller agrees to diligently proceed to cure any Objections. If the event Objections are not cured (to Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto, Seller shall have five reasonable satisfaction) within ten (510) days from delivery after Seller’s receipt of a timely written notice of the Objections to Seller, Buyer will have the right (as Buyer’s notice sole remedy pertaining to notify such failure of Seller to remove an Objection to Buyer’s satisfaction, except as provided in writing, thatSection 3.3. below) to either: (i) Seller will cause waive the disapproved exceptions to be removed from Objection and proceed with the policy of title insurance to be issued in favor of Buyer on or before Closingtransaction; or (ii) that terminate this Agreement by delivering written notice to Seller will not eliminate the disapproved exceptions. If Seller: (i) notifies Buyerat any time prior to Closing, in writing, that Seller will not eliminate which case 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 ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any interest accrued thereon, Deposit shall be immediately refunded by 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 Commitment but before the Closing Agent Date (“Intervening Liens”), shall also be subject to Buyer’s approval, unless within three (3) days of the earlier of (i) the expiration of said five (5) day period, except such Intervening Liens which are created by 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 through Buyer. In addition to the objected 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 exceptions. The title exceptions approved as provided herein 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 included as Permitted Exceptions. Objections to be discharged deemed delivered when sent by Seller may be paid out of the purchase money received at date of Closingsuch email.

Buyer’s Objections. Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within Within ten (10) days of after receiving the last of the Title CommitmentEvidence, Buyer shall make written objections (“Objections”) to the form and or contents of the Title Evidence; provided, however, that Buyer shall not be obligated to object to any mortgages, mechanics and other monetary liens created during Seller’s period of ownership of the Property (collectively, "Monetary Liens"), which Monetary Liens shall be satisfied or released by Seller at or prior to Closing. Buyer’s failure to make Objections within such period time will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules theretoObjections. Any specific matter shown in the on such Title Commitment and the Schedules thereto Evidence and not objected to by Buyer shall be included as a deemed an additional “Permitted ExceptionEncumbrance” hereunder. In the event Within ten (10) days after receipt of Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules theretoObjections (“Response Deadline”), Seller shall have five notify Buyer if Seller will undertake to cure each of the Objections prior to 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 (5except for Monetary Liens, which Seller hereby agrees shall be removed at or prior to Closing), then Buyer may either (x) terminate this Agreement by providing Seller with a written termination notice within ten (10) days from delivery of Buyer’s notice to notify Buyerafter the Response Deadline, 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 which event the ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any interest accrued thereon, shall be immediately refunded by the Closing Agent returned to Buyer, unless within three (3) days Buyer and this Agreement will be of the earlier of (i) the expiration of said five (5) day periodno further force and effect except as expressly set forth in this Agreement, or (iiy) waive the date that objections and proceed to the 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 Response Deadline, Buyer will be deemed to have elected option (y) herein. If Seller notifies Buyer prior to the Response Deadline that Seller will not eliminate undertake to cure an Objection, but fails to cure such objection prior to Closing, then Buyer may either terminate this Agreement by providing Seller with a written termination notice prior to Closing, in which event the objected ▇▇▇▇▇▇▇ Money shall be returned to exceptionsBuyer and this Agreement will be of no further force and effect except as expressly set forth in this Agreement, Buyer waives its or waive the objections and elects to proceed with Closing subject to the objected to exceptions. 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 purchase money received at date of Closing.

Buyer’s Objections. Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within Within ten (10) days of after receiving the last item of the Title CommitmentEvidence and any revisions, endorsements and/or supplements thereto, as the case may be, Buyer shall notify Seller of any objections (“Objections”) to the form and/or contents of the Title Evidence. 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 with respect to matters any mortgage, judgment, tax lien, mechanic’s lien and any other monetary lien against the Property (collectively “Monetary Liens”). Any matter disclosed in by the Title Commitment and the Schedules thereto. Any specific matter shown in the Title Commitment and the Schedules thereto Evidence and not objected to by Buyer shall be included as a “Permitted ExceptionEncumbrance” hereunder. In Seller will have thirty (30) days after receipt of the event Buyer’s objection Objections (the “Cure Period”) to any exceptions or defects set forth in cure the Title Commitment and Objections, during which the Schedules theretoClosing will be postponed as necessary; provided, however, that Seller shall pay Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. If the Cure Period expires prior to the Closing Date, Buyer shall have five the right to extend the Cure Period to the Closing Date. Seller shall use commercially reasonable efforts to correct any Objections (5other than Monetary Liens, which shall be paid pursuant to the foregoing) days from delivery but shall not be required to expend more than $2,500.00 in doing so. If the Objections are not cured within the Cure Period, Buyer may elect any of Buyer’s the following options by providing written notice thereof to notify Buyer, in writing, that: Seller and to Title Company: (i) Seller will cause Terminate this Agreement within ten (10) days after the disapproved exceptions to be removed expiration of the Cure Period. Upon receipt of such notice 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 Title Company shall terminate, and neither Buyer nor Seller shall have any further rights, duties, or obligations hereunder except that promptly return the ▇▇▇▇▇▇▇ Money previously paid by to Buyer together in accordance with any interest accrued thereon, shall be immediately refunded by the Closing Agent to Buyer, unless within three (3) days provisions of the earlier of (i) Escrow Agreement. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the expiration of said five (5) day period, or Surviving Covenants; or (ii) Waive the date that Seller notifies Buyer that Seller will Objections and close the transaction contemplated by this Agreement as if such Objections had not eliminate the objected to exceptions, Buyer waives its objections and elects to proceed with Closing subject to the objected to exceptions. 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 purchase money received at date of Closingbeen made.

Buyer’s Objections. Buyer will make any objections it may have regarding the Title Commitment and any Schedules thereto within ten Within fifteen (1015) days of receiving Buyer’s receipt of the Title 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) days after the Seller 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 have the right, upon providing Seller written notice no later than ten (10) days prior to Closing, to: (i) Waive the uncured Objections and proceed to Closing, with respect such waived Objections becoming “Permitted Exceptions” to matters title; or (ii) Terminate this Purchase Agreement by delivering written notice thereof to the Seller. If, prior to Closing, Buyer learns of any lien or encumbrance against any of the Private Development Site, or any other title defect that was not disclosed in on the Title Commitment and notifies Seller of the Schedules thereto. Any specific matter shown same in the Title Commitment and the Schedules thereto and not objected to by Buyer shall be included as writing (a “Permitted Exception” hereunderLater Objection”), the Seller shall have the right, but not the obligation, to cure such Later Objection. In the event Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules theretoUpon receipt of notice of such Later Objection, Seller shall have five (5such time as set forth in Section 4(b) days from delivery 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 Seller fails to so cure any Later Objection that Seller elected to cure, Buyer shall have the right to take any of Buyer’s notice to notify Buyer, the actions specified above 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 ▇▇▇▇▇▇▇ 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 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. 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 purchase money received at date of Closing.or

Buyer’s Objections. Within thirty (30) days after receiving the last item of the Title Evidence, Buyer will make shall notify Seller in writing of any objections it may have regarding the Title Commitment and any Schedules thereto within ten (10“Objections”) 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 Evidence. 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 Schedules theretoReal Property (collectively “Monetary Liens”). Any specific matter shown in Seller shall have twenty (20) days after receipt of Buyer’s Objections to cure the Objections, during which period the Closing will be postponed if and as necessary without cost to Buyer. With respect to any update to the Title Commitment and and/or the Schedules thereto 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 applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall be included as a “Permitted Exception” hereunderhave the right to require endorsement(s) to the Title Policy. In the event If, after using all reasonable efforts, Seller is unable to resolve Buyer’s objection Objections to any exceptions or defects set forth in Buyer’s satisfaction prior to the Title Commitment and the Schedules theretoClosing Date, Seller Buyer shall have five (5) days from delivery of Buyerthe right to require affirmative coverage in form acceptable to Buyer insuring Buyer in full over the Objections at Seller’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 exceptionsexpense. If Seller: (i) notifies Buyer, in writing, that Seller will the Objections are not eliminate the objected cured prior 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 ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any interest accrued thereon, shall be immediately refunded by the Closing Agent Date, Buyer will have the option to Buyer, unless within three (3) days do any 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 following by notice provided to exceptions, Buyer waives its objections and elects to proceed with Closing subject to the objected to exceptions. 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 purchase money received at date of Closing.Seller:

Buyer’s Objections. If Buyer will make any objections it may have regarding fails to object timely, then the Title Commitment and any Schedules thereto within ten (10) 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” hereunderdeemed approved by Buyer. In the event If Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto's Objections are timely made, Seller shall have five will use commercially reasonable efforts to cure the matters covered by Buyer's Objections on or before the date which is thirty (530) days from delivery the expiration of Buyer’s notice to notify the Inspection Period or will advise Buyer, in writing, that: (i) of Seller’s election not to so cure. If Seller will cause is unable or unwilling to cure the disapproved exceptions to be removed from the policy of title insurance to be issued in favor of Buyer matters covered by Buyer's Objections on or before Closing; or 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 (ii30) that Seller will not eliminate days from the disapproved exceptions. If expiration of the Inspection Period shall so notify Buyer and Buyer, within five (5) Business Days from receipt of Seller: (i) notifies Buyer's notice, time being of the essence, shall, in writing, that Seller will not eliminate the objected to exceptions on or before Closing; or either (iia) Seller does not notify waive such of 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 's Objections as Seller shall have any further rightsbeen unable or unwilling to cure (without a reduction in the Purchase Price) or (b) cancel this Agreement, dutieswhereupon, or obligations hereunder except that the ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any interest accrued thereon, Deposit shall be immediately refunded by returned to Buyer and all rights and liabilities arising hereunder shall automatically terminate, with the Closing Agent to Buyer, unless within three (3) days exception of the earlier obligations which expressly survive termination of (i) the expiration of said five (5) day periodthis Agreement. If Buyer does not provide its election notice timely, or (ii) the date that Seller notifies then Buyer that Seller will not eliminate the objected shall be deemed to exceptions, Buyer waives its objections have waived such uncured Buyer’s Objections and elects to have elected to proceed with Closing subject the Transaction on the terms and conditions of this Agreement. Notwithstanding anything to the objected contrary contained in this Agreement, Seller shall pay all monetary liens and encumbrances (up to exceptions. The title exceptions approved as provided herein shall be included as Permitted Exceptions. Objections to be discharged by Seller may be paid out the amount of the purchase money received Purchase Price) prior to or at date of ClosingClosing and Buyer shall have no obligation to object thereto.

Buyer’s Objections. Buyer Within thirty (30) days after receiving the last of the Title Evidence and the Survey, ▇▇▇▇▇ will make notify Seller of any objections it may have regarding to the form and/or contents of the Title Commitment and any Schedules thereto within ten Evidence or the Survey but in all events prior to the expiration of the initial 365 day Due Diligence Period (10) days of receiving the Title Commitment“Objections”). Buyer’s 's failure to make Objections within such time period will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules theretoany Objections. Any specific matter shown in the on such Title Commitment and the Schedules thereto Evidence or Survey and not objected to by Buyer shall be included as a “Permitted ExceptionEncumbrance” hereunder. In Notwithstanding anything to the event Buyer’s objection 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 or defects set forth to title created by Seller and not reflected in the Title Commitment Evidence; and the Schedules theretosuch liens shall not be a Permitted Encumbrance, and Seller shall have five the obligation to remove such liens at Closing. Seller will have 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 from delivery after receipt of Buyer’s notice the Objections to notify Buyercure the same at or prior to Closing, in writingduring which period the Closing will be postponed, 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 exceptionsif necessary. If Seller: (i) notifies Buyerthe Objections are not cured within such period, in writing, that Seller Buyer will not eliminate have the objected option to exceptions on or before Closing; or (ii) Seller does not notify Buyer, in writing, that Seller will cause do any of the objected to exceptions to be eliminated on or before Closing, then following: 8.2.1. Terminate this Agreement shall terminateAgreement, and neither Buyer nor Seller shall have any further rightsnotwithstanding anything to the contrary herein, duties, or obligations hereunder except that receive a refund of the ▇▇▇▇▇▇▇ Money previously paid by (and the interest earned on the ▇▇▇▇▇▇▇ Money, if any), in which event neither Buyer together with nor Seller shall have any interest accrued thereonfurther duties or obligations under this Agreement, shall be immediately refunded by the Closing Agent to Buyer, unless 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. The title exceptions approved except as otherwise provided herein shall be included as Permitted Exceptions. Objections to be discharged by Seller may be paid out of the purchase money received at date of Closing.herein; or

Buyer’s Objections. Buyer will make notify Seller of any objections it may have regarding to the form and/or contents of the Title Commitment and any Schedules thereto within Evidence ("Objections") by the earlier to occur of: (i) the date that is ten (10) days after ▇▇▇▇▇'s receipt of receiving the last of the Title CommitmentEvidence, or (ii) thirty (30) days after the Effective Date ("Objection Period"). Buyer’s 's failure to make Objections within such time period will constitute a waiver of Objections with respect to matters disclosed in the Title Commitment and the Schedules theretoany 6 Objections. Any specific matter shown in the on such Title Commitment and the Schedules thereto Evidence and not objected to by Buyer shall be included as a “"Permitted Exception” Encumbrance" hereunder. In the event Buyer’s objection to any exceptions or defects set forth in the Title Commitment and the Schedules thereto, Seller shall be under no obligation to cure any Objections. Notwithstanding anything to the contrary in this Agreement, Buyer shall have five 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 (5a "Monetary Lien"). Seller will have ten (10) days from delivery after expiration of Buyer’s the Objection Period (the "Objection Response Period") to notify Buyer in writing as to which of the Objections it will commit to curing prior to the Closing Date (such written notice, the “Objection Response”). If, prior to expiration of the Objection Response Period, there are any Objections that Seller has not committed to curing in its Objection Response, Buyer will have the option to: 6. 2.1 Terminate this Agreement by written notice to notify Buyer, in writing, that: Seller within ten (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 ▇▇▇▇▇▇▇ Money previously paid by Buyer together with any interest accrued thereon, shall be immediately refunded by the Closing Agent to Buyer, unless within three (310) days following expiration 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. 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 purchase money received at date of ClosingObjection Response Period.