Buyer’s Review of Title Sample Clauses

Buyer’s Review of Title. 3.1.1 Seller has heretofore delivered to Buyer, accompanied by copies of all documents referred to therein, a current preliminary title report or commitment for title insurance issued by First American Title Insurance Company (the "Title Company") showing the condition of title to the Property (the "Preliminary Title Report"). If Buyer shall desire an ALTA Survey of the Project ("Survey"), Buyer shall cause the same to be made at Buyer's sole cost before the "Title Date" (as defined below). 3.1.2 Buyer shall have until twenty-five (25) days after the Effective Date (such date being herein called the "Title Date") within which to deliver to Seller written notice of Buyer's disapproval of title as shown on the Preliminary Title Report and Survey (those disapproved title matters as so identified by Buyer are hereafter called the "Disapproved Exceptions"). Buyer's failure to provide such notice on or before the Title Date shall constitute Buyer's approval of the condition of title as shown on the Preliminary Title Report and Survey. 3.1.3 If Buyer timely notifies Seller of its Disapproved Exceptions on or before the Title Date, Seller shall notify Buyer in writing within five (5) days after receipt of Buyer?s notice that: (a) Seller will remove such Disapproved Exceptions from title as of or before Closing; or (b) Seller will not remove any or certain specified Disapproved Exceptions from title. Seller's failure to address any Disapproved Exceptions in any notice, or failure to give a notice as to any Disapproved Exceptions, shall constitute Seller's statement that it will not remove such Disapproved Exceptions from title. 3.1.4 If Seller does not provide Buyer with written notice that it shall remove all Disapproved Exceptions from title, Buyer shall have the right to terminate this Agreement by delivery of written notice of termination in accordance with Section 3.3 on or before the date that is thirty (30) days after the Effective Date (the "Decision Date"), as Buyer's sole and exclusive remedy. Buyer's failure to provide such notice of termination on or before the Decision Date shall constitute Buyer's waiver of its disapproval of the Disapproved Exceptions. In the case of Buyer's waiver (or deemed waiver) of Disapproved Exceptions, Seller shall have no obligation to remove or otherwise address such Disapproved Exceptions from title, and such waived Disapproved Exceptions shall be deemed approved. If Buyer elects to terminate this Agreement pursuant to thi...

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. Not later than ten (10) days after the Execution Date, Buyer shall order at its sole cost and expense (a) an ALTA extended coverage preliminary title report (the “PTR”) issued by Chicago Title Insurance Company (in such capacity, “Title Company”), together with legible copies of all documents referenced as exceptions therein, (b) a current As-Built American Land Title Association survey of the Property (the “Survey”), in form reasonably satisfactory to Buyer and the Title Company, prepared by a surveyor licensed in the State where the Property is located and certified (using a surveyor’s certificate in substantially the same form as the certificate attached hereto as Exhibit G) to Buyer and the Title Company, and such other persons or entities as Buyer may, in its discretion, request; and (c) a UCC search with regard to Seller and the Property (the “UCC Search”). Buyer shall have until five (5) days prior to the Due Diligence Termination Date to notify Seller in writing of any objection which Buyer may have to any exception reported in the PTR or matter shown on the Survey or the UCC Search or any updates thereof; provided, however, that if any such updates are received by Buyer, Buyer shall have an additional 5 Business Days, regardless of the Due Diligence Termination Date or Closing Date, following Buyer’s receipt of such update and legible copies of all documents referenced therein to notify Seller of objections to items shown on any such update. Exceptions reported in the PTR and matters shown on the Survey or the UCC Search (or any updates thereof) not objected to by Buyer as provided above shall be deemed to be “Permitted Exceptions.”

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. (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. 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. Buyer shall have twenty (20) Business Days after its receipt of all of the Title Documents to notify Seller and Escrow Agent in writing ("Buyer's Objection Letter") of any objection which Buyer may have to any matters reported or shown in the Title Documents (provided, however, that if any updates to the Title Documents are subsequently received by Buyer which reflect new items not shown on the original versions thereof other than lien waivers and other similar documents to be routinely obtained and filed of record from time to time by Seller throughout the course of

Buyer’s Review of Title. Buyer shall have until the Due Diligence Termination Date to notify Seller in writing of any objection which Buyer may have to any exception reported in the Commitment or matter shown on the Survey or the UCC Search or any updates thereof; provided, however, that if any such updates are received by Buyer, Buyer shall have an additional 5 Business Days, regardless of the Due Diligence Termination Date or Closing Date, following Buyer's receipt of such update and legible copies of all documents referenced therein to notify Seller of objections to items shown on any such update. Exceptions reported in the Commitment and matters shown on the Survey or the UCC Search (or any updates thereof) not objected to by Buyer as provided above shall be deemed to be "Permitted Exceptions."

Buyer’s Review of Title. (a) Buyer acknowledges that it has received a current commitment for title insurance issued by Chicago Title Insurance Company (the "Title Company") showing the condition of title to the Property (the "Title Commitment"). (b) Buyer must deliver to Seller written notice of Buyer's disapproval of title as shown on the Title Commitment (those disapproved title matters as so identified by Buyer are hereafter called the "Disapproved Title Exceptions") within fifteen (15) days after the Acceptance Date (the "Notice Date"). 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 Title Commitment. (c) If Buyer timely notifies Seller of its Disapproved Title Exceptions, Seller shall notify Buyer in writing within five (5) days after the Notice Date that: (i) Seller will remove such Disapproved Title Exceptions from title as of or before Closing; or

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