Buyer’s Objections. Within ten (10) days after receiving the Title Commitment, Buyer will notify Seller of any objections to the form and/or contents of the Title Commitment (“Objections”). Buyer’s failure to make Objections within such time period will constitute waiver of any Objections. Any matter shown on such Title Commitment and not objected to by Buyer shall be a “Permitted Encumbrance” hereunder. Seller will have fifteen (15) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary, provided Seller shall have no obligation to cure such Objections. If the Objections are not cured within such 15-day period, Buyer will have the option to do any of the following: i. Terminate this Agreement. ii. Waive the Objections and proceed to Closing. If Buyer fails to waive the Objections within ten (10) days after the expiration of such 15-day period, it shall be deemed to have elected to terminate this Agreement. Notwithstanding the foregoing, it is understood and agreed by the parties that all mortgages, tax liens, judgments, mechanics’ liens and any other monetary lien against the Property shall be satisfied at or prior to Closing by Seller.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
Buyer’s Objections. Within ten fifteen (1015) days after receiving the last of the Title Evidence, but in no event later than 45 days after receiving the Title Commitment, Buyer will notify Seller of any shall make written objections (“Objections”) to the form and/or contents of the Title Commitment (“Objections”)Evidence. Buyer’s failure to make Objections within such time period will constitute a waiver of any Objections. Any matter shown on such the Title Commitment Evidence and not objected to by Buyer shall be a “Permitted Encumbrance” hereunderpursuant to this Agreement. Seller will have fifteen twenty (1520) days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if postponed as necessary, provided . Seller shall notify Buyer in writing within ten (10) days after receipt of Buyer’s Objections whether it intends to correct any Objections. Seller shall have no obligation to cure any of the Objections and if it provides no written response to Buyer’s Objections, Seller shall be deemed to have responded that it will not cure any Objections, provided, however, to the extent an Objection can be 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 ObjectionsObjection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If Xxxxx refuses to cure the Objections or if the Objections are not cured within such 15-(20) day period, Buyer will have the option to do any of the following:
i. Terminate this Agreement.
ii. Waive the Objections and proceed to Closing. If Buyer fails to waive the Objections within ten (10) days after the expiration of such 15-day period, it shall be deemed to have elected to terminate this Agreement. Notwithstanding the foregoing, it is understood and agreed by the parties that all mortgages, tax liens, judgments, mechanics’ liens and any other monetary lien against the Property shall be satisfied at or prior to Closing by Seller.
Appears in 1 contract
Samples: Purchase Agreement
Buyer’s Objections. Within ten (10) 10 business days after receiving the Title CommitmentSurvey and the updated title commitment, the Buyer will notify Seller of must make any written objections (the “Objections”) to the form and/or contents of the Title Commitment (“Objections”)Survey or the title commitment. The Buyer’s failure to make Objections within such time period will constitute waiver of objections. If an additional update to the title commitment reveals any encumbrance that did not appear in the original title commitment, updated title commitment, or Survey, the Buyer shall have the right to make Objections to such encumbrance and the provisions of this Section 11 (c) shall again apply to such Objections. Any matter shown on such Title Commitment title evidence and not objected to by the Buyer shall be a “Permitted Encumbrance” hereunderunder this Agreement. The Seller will shall have fifteen (15) 30 days after receipt of receiving the Objections to cure the Objections, during which period the Closing closing on the Property will be postponed, if as necessary, provided . The Seller shall have no obligation will use reasonable efforts to cure such correct any Objections. If the Objections are not cured within such 1530-day period, the Buyer will have the option to do any of the following:
i. a. Terminate this Agreement.; or
ii. b. Waive the Objections and proceed to Closing. If close; provided that the Buyer fails shall have the option, at closing, to waive the Objections within ten (10) days after the expiration of such 15-day periodpay directly any liens, it shall be deemed to have elected to terminate this Agreement. Notwithstanding the foregoing, it is understood and agreed by the parties that all mortgages, tax liens, judgments, mechanics’ liens and any other monetary lien charges or similar encumbrances against the Property shall be satisfied at or prior that are liquidated in amount and to Closing which an Objection has been made by Sellerthe Buyer.
Appears in 1 contract
Samples: Purchase Agreement
Buyer’s Objections. Within ten (10) Buyer shall be allowed 10 days after receiving the last of the Title Commitment, Buyer will Evidence in which to notify Seller in writing of any objections to based on the form and/or contents of or the matters disclosed by the Title Commitment Evidence (“"Objections”"). Buyer’s 's failure to make Objections within such time period will constitute a waiver of any Objections. Any matter shown on such Title Commitment Evidence and not objected to by Buyer shall be a “"Permitted Encumbrance” " hereunder. Seller will have fifteen (15) days after receipt of the Objections agrees to diligently proceed to cure the Objections, during which period the Closing will be postponed, if necessary, provided Seller shall have no obligation to cure such any Objections. If the Objections are not cured within such 15-day period30 days after Buyer delivers written notice of the Objections to Seller, Buyer will have the option right to do any of the following:
i. (i) Waive the Objection; or
(ii) Terminate this Agreement.
iiAgreement by delivering written notice thereof to Seller. Waive the Objections and proceed If, prior to Closing. If , Buyer fails learns of any lien or encumbrance against the Property or any other title defect that was not disclosed on the Title Evidence (a "Later Objection"), Seller shall be obligated to waive the Objections cure such Later Objection within ten five (105) days after the expiration receiving written notice of such 15-day periodLater Objection from Buyer. If Seller fails to so cure any Later Objection, it Buyer shall be deemed have the right to have elected to terminate take any of the actions specified above in (i) and (ii) of this Agreement. Notwithstanding the foregoing, it is understood and agreed by the parties that all mortgages, tax liens, judgments, mechanics’ liens and any other monetary lien against the Property shall be satisfied at or prior to Closing by SellerSubsection 5(b).
Appears in 1 contract
Samples: Purchase Agreement (Jubilee Gaming Enterprises Inc)