Common use of Buyer’s Right to Accept Title Clause in Contracts

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to the Closing Date, elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 30 contracts

Samples: Agreement of Purchase and Sale (Duke Realty Limited Partnership/), Agreement of Purchase and Sale (Duke Realty Limited Partnership/), Agreement of Purchase and Sale (Duke Realty Limited Partnership/)

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Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to the Closing DateDate (as it may have been adjourned by the Sellers pursuant to this Article VIII), elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the ClosingClosing but, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 4 contracts

Samples: Agreement of Purchase and Sale (Duke Realty Limited Partnership/), Agreement of Purchase and Sale (Duke Realty Limited Partnership/), Agreement of Purchase and Sale (Duke Realty Limited Partnership/)

Buyer’s Right to Accept Title. (a) Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers Seller at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such title as the Sellers Seller can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, Closing but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale (Resource Real Estate Opportunity REIT II, Inc.), Agreement of Purchase and Sale (Glimcher Realty Trust)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to the applicable Closing Date, elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the applicable Closing, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Healthcare Trust of America Holdings, LP), Agreement of Purchase and Sale (Duke Realty Limited Partnership/)

Buyer’s Right to Accept Title. (a) Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, Closing but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Douglas Emmett Inc)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by written notice given to the Sellers Seller at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such title as the Sellers Seller can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, Closing but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions, except for title exceptions as to which Seller has an obligation to obtain releases as provided in Section 8.3(a).

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Wells Real Estate Investment Trust Inc)

Buyer’s Right to Accept Title. (a) Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by written notice given to the Sellers Seller at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such title as the Sellers Seller can convey, notwithstanding the existence of any title exceptions which are not Permitted ExceptionsTitle Defect. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind kind, or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted ExceptionsTitle Defect except as otherwise agreed upon by the parties.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (FRP Holdings, Inc.)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, in its sole discretion, by notice given to the Sellers at any time prior to the Closing Date, elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (CNL Healthcare Properties, Inc.)

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Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to the Closing DateDate (as it may have been adjourned by the Sellers pursuant to this Article VIII), elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the ClosingClosing but, but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptionsexceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Realty Capital Properties, Inc.)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIIISection 5.3 and Section 7.6, the Buyer may, by notice given to the Sellers Seller at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such title as the Sellers Seller can convey, notwithstanding the existence of any title exceptions which are not Permitted ExceptionsApproved Title Conditions. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, Closing but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted ExceptionsApproved Title Conditions.

Appears in 1 contract

Samples: Purchase and Sale Agreement (CIM Commercial Trust Corp)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers Seller at any time prior to the Closing DateDate (as it may have been adjourned by Seller pursuant to this Article VIII), elect to accept such title as the Sellers Seller can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the ClosingClosing but, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Glimcher Realty Trust)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIII, the Buyer may, by notice given to the Sellers at any time prior to 37 the Closing DateDate (as it may have been adjourned by the Sellers pursuant to this Article VIII), elect to accept such title as the Sellers can convey, notwithstanding the existence of any title exceptions which are not Permitted Exceptions. In such event, this Agreement shall remain in effect and the parties shall proceed to the ClosingClosing but, but the Buyer shall not be entitled to any abatement of the Gross Asset Value, any credit or allowance of any kind or any claim or right of action against the Sellers for damages or otherwise by reason of the existence of any title exceptions which are not Permitted Exceptions.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Duke Realty Limited Partnership/)

Buyer’s Right to Accept Title. Notwithstanding the foregoing provisions of this Article VIIIIX, the Buyer may, by written notice given to the Sellers Seller at any time prior to the earlier of (x) the Closing DateDate and (y) the termination of this Agreement, elect to accept such the condition of title as to the Sellers can conveyProperty, notwithstanding the existence of any title exceptions which are not Permitted ExceptionsTitle Defect. In such event, this Agreement shall remain in effect and the parties shall proceed to the Closing, but the Buyer shall not be entitled to any abatement of the Gross Asset ValuePurchase Price, any credit or allowance of any kind kind, or any claim or right of action against the Sellers Seller for damages or otherwise by reason of the existence of any title exceptions which are not Permitted ExceptionsTitle Defect.

Appears in 1 contract

Samples: Membership Purchase Agreement

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