Common use of Conveyance Requirements Clause in Contracts

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, “Conveyance Requirements”): (a) Buyer has received the Final Title Commitment (as hereafter defined) in accordance with this Agreement; (b) Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, and Seller shall have the right to extend the date of Closing up to forty-five (45) days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreement.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the a Final Title Commitment in accordance with the provisions of this Agreement confirming that, upon satisfaction of the requirements set forth therein, a standard coverage ALTA owner’s title insurance policy will be issued insuring fee simple title to the Property in the name of Buyer for the amount of the Purchase Price, free and clear of Liens and any other material encumbrance that does not constitute a Permitted Exception; (as hereafter definedb) that Seller is able to satisfy the title insurance requirements (other than a Buyer-Related Requirement) in accordance with this AgreementSection 14 below; (bc) that Seller is able to convey fee simple title to the Real EstateProperty at the time of Closing, free and clear of Liens and any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (cd) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms provisions of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said a condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the effective date of Buyer’s notice or 120 days from the targeted Closing date stated in Section 18 below, whichever is later. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms provisions of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 17 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at within the time required time (as specified by the terms provisions of this Agreement) Addendum A and substantially in its present condition (except as otherwise provided in Section 24 below18), but subject to the Permitted Exceptions; and (c) that Seller is able to convey and transfer title to the Property (in fee simple with respect to the Real Estate), free and clear of any lien (except the lien for current, non-delinquent real estate taxes and assessments) and free and clear of any other material encumbrance that does not constitute a Permitted Exception. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) 30 days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter definedCommitment(s) in accordance with this the terms of the Agreement; (b) Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) Closing and substantially in its present condition (except as otherwise provided in Section 24 below23), but subject to the Permitted Exceptions; and (c) that Seller is able to convey and transfer title to the Property (in fee simple with respect to the Real Estate), subject to any Permitted Exception, free and clear of any lien securing an obligation to pay money, such as an obligation for borrowed money, to pay taxes (other than current-non-delinquent property taxes), to satisfy a judgement or pay a contractor who has worked on the Property. For purposes of this the Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this the Agreement not less than two business days prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) 30 days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property Real Estate at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at Real Estate (subject to the required time (as specified by the terms of this AgreementPermitted Exceptions) and substantially in its present condition (except as otherwise provided in Section 24 20 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property Real Estate shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property Real Estate in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property Real Estate in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said a condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted Closing date stated in Section 16 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements with respect to the conveyance of the Property to Buyer (collectively, the “Conveyance Requirements”): (a) Buyer that Xxxxx has received the Final Title Commitment (as hereafter defined) in accordance with the provisions of this AgreementAgreement confirming that, upon satisfaction of the requirements set forth therein, an Owner’s Title Policy will be issued insuring fee simple title to the Property in the name of Buyer for the amount of the Purchase Price, free and clear of Liens and any other material encumbrance that does not constitute a Permitted Exception; (b) that Seller is able to satisfy the requirements of the Final Title Commitment for the issuance of an Owner’s Title Policy, other than a Buyer-Related Requirement; (c) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of Liens and any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (cd) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms provisions of this Agreement) . “Liens” refers to, collectively, any mortgage, deed of trust, collateral assignment of rents, judgment lien and/or other monetary obligation attaching as a lien against the Property other than a lien for Taxes and/or Assessments not yet due and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptionspayable. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller Xxxxxx is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said a condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 90 days from the later of the effective date of such notice or the targeted closing date stated in Section 14 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real Estate, Estate (and transfer title to any other included Property) free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property (subject to the Permitted Exceptions) at the required time (as specified by the terms of this Agreement) Closing and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions25. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date time for Closing for a reasonable period of Closing up to forty-five (45) days time, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 20 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. BuyerXxxxx’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Updated Title Commitment (as hereafter defined) Evidence in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of Liens and any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below)Closing, but subject to the Permitted Exceptions; and (d) if the Property includes Tract 15, that Seller is able to successfully acquire the 4.3 acres in Xxx Xxxx County prior to Closing, as provided in Exhibit B). As used throughout this Agreement, the term “Liens” refers to any mortgage(s), deed(s) to secure debt, judgment(s), UCC financing statement(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 15 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to satisfy the requirements of the Final Title Commitment other than requirements that are to be satisfied by Buyer; provided, however, if the schedule of requirements in the Final Title Commitment includes any requirement for an affidavit, release or similar instrument intended as evidence of the release, cancellation or termination of a matter of record (other than a lien) that constitutes a Permitted Exception, such requirement and matter of record may be removed from the schedule of requirements and added to the schedule of exceptions in the Final Title Commitment at the direction of Seller in its sole discretion; (c) that Seller is able to convey fee simple title to and transfer the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception Property in substantially its present condition (except as hereafter definedotherwise provided in Xxxxxxx 00 xxxxx); and (cx) that Seller is able to deliver possession of the Property at the required time (as specified by in accordance with the terms of this Agreement; (e) that Seller is able to convey fee simple title with respect to the Real Estate in accordance with the terms of this Agreement, free and clear of any lien (except the lien for current, non- delinquent Taxes) and substantially in its present free and clear of any other material encumbrance or condition that does not constitute a Permitted Exception; and (except as otherwise provided in Section 24 below)f) that Seller is able to transfer title to the Irrigation Equipment, if any, free and clear of liens, but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, and Seller shall have the right to extend the date of Closing up to forty-five (45) days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreement.:

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms requirements of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 15 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions) in accordance with the provisions of this Agreement. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 15 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to satisfy the requirements for issuing an owner’s title insurance policy in accordance with the Final Title Commitment (other than requirements that can only be satisfied by Buyer or that reasonably should be satisfied by Buyer as opposed to Seller); (c) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (cd) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms requirements of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 16 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to satisfy the requirements for issuing an owner’s title insurance policy in accordance with the Final Title Commitment (other than requirements that can only be satisfied by Buyer or that reasonably should be satisfied by Buyer as opposed to Seller); (c) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (cd) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms requirements of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 16 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real Estate, Estate (and transfer title to any other included Property) free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property (subject to the Permitted Exceptions) at the required time (as specified by the terms of this Agreement) Closing and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions25. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date time for Closing for a reasonable period of Closing up to forty-five (45) days time, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 20 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter definedCommitment(s) in accordance with this the terms of the Agreement; (b) Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) Closing and substantially in its present condition (except as otherwise provided in Section 24 below23), but subject to the Permitted Exceptions; and (c) that Seller is able to convey and transfer title to the Property (in fee simple with respect to the Real Estate), subject to any Permitted Exception, free and clear of any lien securing an obligation to pay money, such as an obligation for borrowed money, to pay taxes (other than current-non-delinquent property taxes), to satisfy a judgement or pay a contractor who has worked on the Property. For purposes of this the Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this the Agreement not less than two business days prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) 30 days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, “Conveyance Requirements”): (a) Buyer has received the Final Title Commitment (as hereafter defined) in accordance with this Agreement; (b) Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 25 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, and Seller shall have the right to extend the date of Closing up to forty-five (45) days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreement. (The provisions of this Section are subject to the provisions of Section 12 below, if applicable.)

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms provisions of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 17 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the a Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined); and (c) Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and in substantially in its present condition (except as otherwise provided in Section 24 17 below), but subject ; (c) that Seller is able to deliver possession of the Property in accordance with the terms of this Agreement; and (d) that Seller is able to convey to Buyer fee simple title with respect to the Property free and clear of any lien (except the lien for current, non-delinquent Taxes) and free and clear of any other material encumbrance that does not constitute a Permitted ExceptionsException. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) 30 days in order to cure such nonconformity. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. BuyerXxxxx’s obligation to purchase and acquire the Property Real Estate at Closing is contingent upon the satisfaction of the following requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real Estate, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at Real Estate (subject to the required time (as specified by the terms of this AgreementPermitted Exceptions) and substantially in its present condition (except as otherwise provided in Section 24 20 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property Real Estate shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property Real Estate in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property Real Estate in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said a condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted Closing date stated in Section 16 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. BuyerXxxxx’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions) in accordance with the provisions of this Agreement. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 30 days from the later of the effective date of such notice or the targeted closing date stated in Section 15 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as BuyerXxxxx’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Updated Title Commitment (as hereafter defined) Evidence in accordance with the terms of this Agreement; (b) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of Liens and any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (c) that Seller is able to deliver possession of the Property at the required time (as specified by the terms of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below)Closing, but subject to the Permitted Exceptions; and (d) if the Property includes Tract 15, that Seller is able to successfully acquire the 4.3 acres in Xxx Xxxx County prior to Closing, as provided in Exhibit B). As used throughout this Agreement, the term “Liens” refers to any mortgage(s), deed(s) to secure debt, judgment(s), UCC financing statement(s) and/or other monetary lien(s) affecting the Property other than a lien for Taxes not yet due and payable. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 15 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.

Conveyance Requirements. Buyer’s obligation to purchase and acquire the Property at Closing is contingent upon the satisfaction of the following conditions and requirements (collectively, the “Conveyance Requirements”): (a) that Buyer has received the Final Title Commitment (as hereafter defined) in accordance with the terms of this Agreement; (b) that Seller is able to satisfy the requirement described in paragraph 8 of Exhibit B regarding satisfactory completion of a quiet title action; (c) that Seller is able to convey fee simple title to the Real EstateProperty, free and clear of any lien or other material encumbrance that does not constitute a Permitted Exception (as hereafter defined)Exception; and (cd) that Seller is able to deliver possession of the Property at in accordance with the required time (as specified by the terms requirements of this Agreement) and substantially in its present condition (except as otherwise provided in Section 24 below), but subject to the Permitted Exceptions. For purposes of this Agreement, the title to the Property shall be deemed sufficient, good sufficient and marketable if Seller is able to convey and transfer the Property in conformance with the Conveyance Requirements. If Seller is unable to convey and transfer the Property in conformance with the Conveyance Requirements: (i) such inability shall constitute a failure of said condition, but not a Seller default; and (ii) either party may terminate this Agreement prior to Closing by written notice to the other; provided, however, prior to any such termination by Buyer, Buyer must give Seller sufficient written notice of the nonconformity to enable Seller to cure such nonconformity, nonconformity and Seller shall have the right to extend the date of Closing up to forty-five (45) days time for Closing, in order to cure such nonconformity, for a period of up to 60 days from the later of the effective date of such notice or the targeted closing date stated in Section 14 below. In the event of termination by either party pursuant to this Section, Buyer shall be entitled to the return of the Xxxxxxx Money as Buyer’s sole and exclusive remedy for such nonconformity and for the termination of this Agreementremedy.