Common use of Costs of Title Company and Closing Costs Clause in Contracts

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Seller shall pay (i) Seller’s attorney’s fees; (ii) one-half (1/2) of escrow fees, if any; (iii) the cost of endorsements to cure any of Purchaser’s Title Objections with respect to the Title Policy to the extent that Seller agreed to cure them pursuant to this Agreement; (iv) any real property transfer taxes; and (v) the cost of recording discharges of any liens and encumbrances. (b) Purchaser shall pay (i) the costs of recording the Deed to the Property and all other documents other than discharges of liens and encumbrances; (ii) all premiums for the Title Policy or endorsements or deletions (other than the cost of endorsements to cure Purchaser’s Title Objections to the extent that Seller agreed to cure them pursuant to this Agreement), including, without limitation, the deletion of the survey exception, to the Title Policy that are desired by Purchaser; (iii) all premiums and other costs for any mortgagee policy of title insurance, if any, including but not limited to any endorsements or deletions; (iv) Purchaser’s attorney’s fees; (v) one-half (1/2) of escrow fees, if any and (vi) the costs of the Updated Survey. (c) Any other costs and expenses of Closing not provided for in this Section 10.5 shall be allocated between Purchaser and Seller in accordance with the custom in the area in which the Property is located.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Mack Cali Realty L P)

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Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Seller shall Purchaser will pay (i) Seller’s attorney’s fees; all premium and other incremental costs for obtaining an extended coverage ALTA title policy (iithat is, such costs for extended coverage that are in addition to the costs described below in Section 10.6(b)(i)) one-half (1/2) of escrow fees, if any; (iii) the cost of and any endorsements to cure any of Purchaser’s Title Objections with respect to the Title Policy to the extent that Seller agreed to cure them pursuant to this Agreement; (iv) any real property transfer taxes; and (v) the cost of recording discharges of any liens and encumbrances. (b) Purchaser shall pay (i) the costs of recording the Deed to the Property and all other documents other than discharges of liens and encumbrances; Policy, (ii) all premiums for the Title Policy or endorsements or deletions (other than the cost of endorsements to cure Purchaser’s Title Objections to the extent that Seller agreed to cure them pursuant to this Agreement), including, without limitation, the deletion of the survey exception, to the Title Policy that are desired by Purchaser; (iii) all premiums and other costs for any mortgagee policy of title insurance, if any, including but not limited to any endorsements or deletions, (iii) the cost of the Updated Survey; (iv) Purchaser’s attorney’s fees; , (v) one-half (1/2) 1/2 of all of the Title Company’s escrow and closing fees, if any any, and (vi) any mortgage recording tax or recording fees; and (vii) the Mortgage Loan assumption fee and all other costs and fees related to the Assumption as provided for in Section 5.7 above; (b) Seller will pay (i) the premium for the base cost of a standard coverage ALTA title policy in favor of Purchaser in the amount of the Updated Survey.Purchase Price and the cost of any endorsement with respect to matters for which Seller has agreed to obtain affirmative insurance pursuant to Section 6.2, (ii), 1/2 of all of the Title Company’s escrow and closing fees, (iii) Seller’s attorneys’ fees, (iv) all transfer taxes (including surtaxes and documentary stamp taxes) and any other similar taxes payable upon recording of the Deeds or the conveyance to be consummated hereunder, and (v) recording costs for recording the Deeds; (c) Any other costs and expenses of Closing not provided for in this Section 10.5 10.6 shall be allocated between Purchaser and Seller in accordance with the custom in the area city and county in which the Real Property is located; and (d) If the Closing does not occur on or before the Closing Date for any reason whatsoever, the costs incurred through the date of termination will be borne by the party incurring same; provided, however, that this Section 10.6(d) does not alter or limit any party’s liability under Article XIII.

Appears in 1 contract

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

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will shall be allocated as follows: (a) Purchaser shall pay (i) all premiums and other costs for the Title Policy and any endorsements (excluding, for the avoidance of doubt, the Refinancing Source Title Costs) (provided that the foregoing shall not limit Seller’s obligation to pay all costs incurred by Seller with respect to the Cure of any Mandatory Removal Exception, or any Exception that Seller elects to Cure (in its sole discretion), in accordance with Section 6.2), (ii) the costs associated with any modifications, updates, or recertifications of the Existing Survey requested by Purchaser (and any other survey obtained by or at the direction of Purchaser), (iii) Purchaser’s attorneys’ fees, (iv) one-half of all of the Title Company’s and Escrow Agent’s escrow and closing fees, if any; and (v) all recording fees (other than recording fees in connection with the Refinancing or Existing Loan Defeasance); (b) Seller shall pay (i) Seller’s attorney’s fees; (ii) one-half (1/2) of all of the Title Company’s and Escrow Agent’s escrow and closing fees, if any; , (iiiii) all present or future transfer taxes imposed by the cost State of endorsements to cure any New York and the City of Purchaser’s Title Objections New York on account of or with respect to the Title Policy transfer of the Sale Interests by Seller to the extent that Seller agreed to cure them Purchaser pursuant to this Agreement; , if any, (iii) Seller’s attorneys’ fees, (iv) all costs incurred by Seller with respect to the Cure of any real property transfer taxes; and Exception that Seller is obligated to Cure, or elects to Cure (in its sole discretion), in accordance with Section 6.2, (v) the cost of recording discharges of any liens and encumbrances. (b) Purchaser shall pay (i) the costs of recording the Deed to the Property and all other documents other than discharges of liens and encumbrances; (ii) all premiums for the Title Policy or endorsements or deletions (other than the cost of endorsements to cure Purchaser’s Title Objections to the extent that Seller agreed to cure them pursuant to except as otherwise provided in this Agreement), all costs and expenses incurred in connection with the Refinancing and Existing Loan Defeasance, including, without limitation, the deletion costs of the survey exceptionPurchaser’s commercially reasonable efforts to arrange for one or more Refinancing Loans as set forth in Section 7.3(a), to the Title Policy that are desired by Purchaser; (iiivi) all premiums and other costs for any mortgagee policy actually incurred to purchase all title insurance coverages as required to satisfy the title insurance requirements of title insurance, if anythe Refinancing Sources, including but not limited all endorsements or deletions (the “Refinancing Source Title Cost”), provided that, at the Closing, Seller shall give a credit to any Purchaser against the Purchase Price in an amount equal to 50.0% of the cost differential between (1) the total cost to purchase all title insurance coverages as required to satisfy the title insurance requirements of the Refinancing Sources, including all endorsements or deletions; , without taking into account any discount obtained as a result of additional title coverage obtained by Purchaser and (iv2) Purchaser’s attorney’s fees; the Refinancing Source Title Cost (van example of the allocation of title insurance costs and premiums pursuant to this Section 10.7 is attached hereto as Exhibit V), (vii) one-half (1/2) of escrow any mortgage recording taxes or fees, if any and (viviii) any other recording fees in connection with the costs Refinancing Loans or Existing Loan Defeasance, in each case, in cash (including out of proceeds of the Updated Survey.Refinancing Loans) at the Closing; and (c) Any any other costs and expenses of Closing not provided for in this Section 10.5 10.7 shall be allocated between Purchaser and Seller in accordance with the custom in the area county in which the Real Property is located. If the Closing does not occur for any reason whatsoever, all costs incurred in connection with the transactions contemplated herein shall be borne by the party incurring such costs, unless otherwise expressly set forth herein to the contrary. The provisions of this Section 10.7 shall survive the Closing or termination of this Agreement.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (New York REIT, Inc.)

Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Seller shall pay (i) Seller’s attorney’s fees; (ii) one-half (1/2) of any escrow fees, if any; (iii) the cost of endorsements to cure any of Purchaser’s Title Objections with respect to the Title Policy to the extent that Seller agreed to cure them pursuant to this Agreement; (iv) any real property all realty transfer fees and taxes; and (viv) the cost of recording discharges of discharging any liens or Title Objections that Seller is obligated to, or has agreed to, discharge pursuant to the terms and encumbrancesconditions of this Agreement. (b) Purchaser shall pay (i) Purchaser’s attorney’s fees; (ii) the costs of Purchaser’s due diligence investigations with respect to the Property, including but not limited to the cost of the Updated Survey; (iii) the costs of recording the Deed to the Property and all other documents other than documents, except for discharges of any liens that Seller is obligated to, or has agreed to, discharge pursuant to the terms and encumbrancesconditions of this Agreement; (iiiv) all premiums for and other costs in connection with obtaining the Title Policy Policy, any mortgagee title insurance policy that Purchaser desires to obtain (the “Mortgagee Title Policy”) and any additional coverage or endorsements or deletions (other than the cost of endorsements to cure Purchaser’s Title Objections to the extent that Seller agreed to cure them pursuant to this Agreement), including, without limitation, the deletion of the survey exception, ) to the Title Policy and/or Mortgagee Title Policy that are desired by Purchaser; (iiiv) if agreed to by Purchaser in advance in writing to Seller, any and all premiums fees, charges, costs and other costs for any mortgagee policy of title insurance, if anyexpenses, including but not limited to the cost of any endorsements work, incurred in connection with transferring any warranties to Purchaser, provided that, and notwithstanding anything to the contrary in this Agreement, if Purchaser does not so agree, Seller does not have any obligation to assign or deletionstransfer any applicable warranties to Purchaser; and (iv) Purchaser’s attorney’s fees; (vvi) one-half (1/2) of any escrow fees, if any and (vi) the costs of the Updated Survey. (c) Any other costs and expenses of Closing not provided for in this Section 10.5 shall be allocated between Purchaser and Seller in accordance with the custom in the area in which the Property is located. (d) The provisions of this Section 10.5 shall survive Closing or the earlier termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Mack Cali Realty L P)

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Costs of Title Company and Closing Costs. Costs of the Title Company and other Closing costs incurred in connection with the Closing will be allocated as follows: (a) Seller shall pay (i) Seller’s attorney’s fees; (ii) one-half (1/2) of escrow fees, if any; (iii) the cost of the premium for the Title Policy (but only as to base policy without endorsements or extended coverage), the cost of endorsements to cure any of Purchaser’s Title Objections with respect to the Title Policy to the extent that Seller agreed to cure them pursuant to this Agreement; (iv) any real property transfer taxesAgreement and customary title searches; and (viv) the cost of recording discharges of any liens and encumbrances. (b) Purchaser shall pay (i) the costs of recording the Deed to the Property and all other documents other than discharges of liens and encumbrances; (ii) all premiums for costs of any extended or additional coverage under the Title Policy or endorsements or deletions (other than the cost of endorsements to cure Purchaser’s Title Objections to the extent that Seller agreed to cure them pursuant to this Agreement), including, without limitation, the deletion of the survey exception, to the Title Policy that are desired by Purchaser; (iii) all premiums and other costs for any mortgagee policy of title insurance, if any, including but not limited to any endorsements or deletions; (iv) Purchaser’s attorney’s fees; (v) one-half (1/2) of escrow fees, if any and (vi) the costs of the Updated Survey. (c) Any other costs and expenses of Closing not provided for in this Section 10.5 shall be allocated between Purchaser and Seller in accordance with the custom in the area in which the Property is located.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Mack Cali Realty L P)

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