Buyer’s Review of Title. Buyer may advise Seller in writing by no later than the expiration of the Contingency Period what exceptions to title, if any, listed in the Preliminary Report are not acceptable to Buyer (collectively, the “Title Objections”). Seller shall have five (5) days after receipt of Buyer’s Title Objections to give Buyer notice that (a) Seller will remove any Title Objections from title (or afford the Title Company necessary information or certifications to permit it to insure over such exceptions, which insurance shall be approved by Buyer in its reasonable discretion) or (b) Seller elects not to cause such exceptions to be removed. Seller’s failure to provide notice to Buyer within such five (5) day period as to any Title Objection shall be deemed an election by Seller not to remove the Title Objection. If Seller so notifies or is deemed to have notified Buyer that Seller shall not remove any or all of the Title Objections, Buyer shall have until the later of close of the Contingency Period or five (5) days after receipt of Seller’s notice (or deemed disapproval) to determine whether (i) to waive such objections and proceed with the purchase and take the Property subject to such exceptions with no reduction of the Purchase Price, and in such event, such objections shall be considered Permitted Exceptions hereunder or (ii) to terminate this Agreement, in which case neither party shall have any further rights or obligations hereunder, other than pursuant to any provision hereof that expressly survives the termination of this Agreement.
Buyer’s Review of Title. (A) Buyer shall have until the expiration of the General Contingency Period (the “Title Review Period”) in which to give Seller and Escrow Holder written notice of its approval of the condition of title to the Property (“Buyer’s Title Notice”) based on (I) a standard preliminary report from the Title Company with respect to the Land, together with complete and legible copies of the underlying documents relating to the Schedule B exceptions set forth in such report, and (II) any survey to be conducted on behalf of Buyer at Xxxxx’s sole cost and expense (collectively, the “Report”). The failure of Buyer to give Xxxxx’s Title Notice on or before the end of the General Contingency Period shall be deemed to constitute Buyer’s disapproval of the condition of the title to the Property, in which event (XI) this Agreement and the Escrow created pursuant hereto shall terminate and be of no further force or effect, (XII) Escrow Holder shall return to Buyer the Deposit and all interest accrued thereon, and
Buyer’s Review of Title. 3.2.1 Buyer shall have ten (10) days following the receipt of the PTR for the Property (an "Owned PTR") within which to deliver to Seller written notice of Buyer's disapproval of any matters materially adversely affecting title as shown on the PTR ("Disapproved Exceptions"); provided, however, Disapproved Exceptions or Leased Disapproved Exceptions shall not include the Loan to be assumed by Buyer pursuant to Section 1.3.2, those matters listed on Exhibit G or any easement, encroachment, right or other non-monetary lien that in Buyer's reasonable determination does not materially and adversely affect the Property. Buyer's failure to provide such notice on or before such date shall constitute Buyer's approval of the condition of title as shown on the PTR.
Buyer’s Review of Title. 3.1.1 Seller shall cause the Title Company, promptly after the Effective Date, to deliver to Buyer a copy of a current preliminary title report or commitment for title insurance (as well as a copy of each exception referenced therein) showing the condition of title to the Property (the "TITLE REPORT"). Upon receipt from Buyer of funds sufficient to pay for a survey of the Property, Seller shall engage a surveyor to prepare a survey of the Property (the "SURVEY") that meets the requirements set forth on Schedule 3.1.1 hereof. Seller is ordering the Survey as an accommodation to Buyer, and in no event shall Seller be in breach or default by reason of the contents, or timing of delivery, of the Survey.
Buyer’s Review of Title. Buyer has received from Title Company a preliminary report (“Report”) with respect to the Site, together with legible copies of all items referred to in Schedule B of the Report (“Underlying Documents”) and a copy of the most recent survey of the Site, if any (“Survey”). Buyer has reviewed and approved the condition of title to the Site (the “Conditions of Title”) and has conducted such investigations as Buyer has deemed necessary or desirable in order to evaluate the Conditions of Title.
Buyer’s Review of Title. Seller shall cause the Title Company to issue a title insurance commitment (“Commitment”) with respect to the Real Property and deliver the same to Buyer along with legible copies of all documents referred to on Schedule B, Section 2 of the Commitment (the “Underlying Documents”) within five (5) days following the full execution of this Agreement. Buyer shall have until 5:00 p.m. Mountain Time on the date which is ten (10) days from the date of receipt by Buyer of the Commitment (the “Title Review Period”) to give Seller and Title Company written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Commitment and the Underlying Documents (collectively, the “Title Documents”). The failure of Buyer to give Buyer’s Title Notice on or before the end of the Title Review Period shall be deemed to constitute Buyer’s approval of the condition of title to the Real Property.
Buyer’s Review of Title. Buyer hereby provides Seller with Buyer's Title Notice pursuant to paragraph 7(a)(ii) as follows: with respect to KBC-Garden Grove, KBC-Tustin and KBC-Irvine, certain of the improvements at each Project encroach over utility easements and into the respective City setback areas. The Title Company has indicated they will provide affirmative insurance over such encroachments upon receipt of evidence from the easement holders and from the City regarding such parties acceptance of the encroachments. Buyer has requested such evidence from the easement holders and City. Buyer disapproves the encroachments of the above describe improvements into the easement and setback areas, but will waive such disapproval upon receipt of confirmation that the Title Company will issue appropriate affirmative title insurance coverage for such matters. The provisions of this paragraph 7 shall not extend the Closing.
Buyer’s Review of Title. Buyer shall have until the expiration of the Contingency Period (the "Title Review Period") to approve (A) a standard preliminary report from the Title Company for each Project, together with the underlying documents relating to the Schedule B exceptions set forth in each report and the legal description of each Project (individually, a "Report" and collectively, the "Reports") and (B) a survey of each Project (individually, a "Survey" and collectively, the "Surveys"). Buyer shall have until the end of the Title Review Period to give Seller written notice ("Buyer's Title Notice") of Buyer's disapproval or conditional approval of any matters shown in the Reports or disclosed by the Surveys. The failure of Buyer to give Buyer's Title Notice on
Buyer’s Review of Title. If Buyer has not then previously received same, Seller will cause the Title Company to deliver to Buyer, as soon as practicable following the Opening of Escrow, a preliminary title report with respect to the Property (the “Report”), together with copies of all documents referred to in Schedule B of the Report (the “Underlying Documents”). Buyer shall have until 5:00 p.m. Pacific Time on the date which is five (5) business days prior to the expiration of the Contingency Period (the “Title Review Period”), to give Seller and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Report the Underlying Documents and any survey that Buyer may elect to obtain (collectively, the “Title Documents”). The failure of Buyer to give Buyer’s Title Notice on or before the end of the Title Review Period shall be deemed to constitute Buyer’s approval of the condition of title to the Property (other than the Seller Required Title Removal Matters).
Buyer’s Review of Title. 3.2.1 As soon as reasonably possible after the Opening of Escrow, Seller shall obtain, at Seller's sole cost and expense, a preliminary title report or commitment for title insurance issued by Xxxxxxx Title Company (the "Title Company") showing the condition of title to the Property (the "Preliminary Title Report") together with legible (to the extent available) copies of all documents referred to therein (the "Title Documents"). Upon receipt of the Preliminary Title Report, Seller shall deliver a copy thereof to Buyer, accompanied by legible copies (to the extent available) of all Title Documents.
