DEFECTIVE TITLE. If the title is not good and cannot be made good within a reasonable time after written notice has been given that the title is defective, specifically pointing out the defects, Xxxxxxx Money shall be returned to Purchaser and the commission as specified in the listing or other agreement between the Broker(s) and the Seller, plus all costs of collection, including attorney fees, shall be paid by Seller to the Listing and/or Selling Broker(s).
DEFECTIVE TITLE. If after due diligence Seller shall be unable to give title or make conveyance or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in such event the time for performance hereof shall be extended for a period not to exceed thirty (30) days, or
DEFECTIVE TITLE. For purposes of the Agreement, Defective Title is defined as status of title, liens or encumbrances, other matters of record, or property status, as determined by Xxx in its preliminary review, which suggests that Lessor does not have title to all or any part of the Lease Premises with all property rights necessary and appropriate for Xxx to undertake the operations described in the Lease without unreasonable risk of claim by any third party (“Defective Title”). For the purposes of this Agreement, Xxx will not reject leases for effective Title if the sole reason for rejection would be a mortgage on a property of less than $500,000. The determination of Defective Title hereunder shall have no legal effect on the rights and obligations of the Parties set forth in the Lease, including without limitation, the Warrant of Title and Interest, Proportionate Reduction, and Curative Documents requirements contained therein.
DEFECTIVE TITLE. If Seller shall be unable to deliver title or make conveyance as provided herein, Buyer, at its option, may (i) terminate this Agreement whereupon the deposit shall be refunded to Buyer and all obligations of the parties shall cease, or (ii) waive the defects and accept whatever title Seller is able to convey, without any reduction in the purchase price and as a full performance by Seller.
DEFECTIVE TITLE. If after due diligence Seller shall be unable to give title or make conveyance or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in such event the time for performance hereof shall be extended for a period not to exceed thirty (30) days, or to the date upon which the Buyer’s mortgage commitment expires, whichever date occurs first. If at the expiration of the said extended time period the Seller shall have failed to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all payments made under this Agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto.
DEFECTIVE TITLE. If Seller is unable to give title or to make conveyance, or to deliver possession of the Project, or to satisfy all of the terms and conditions precedent to closing as set forth in this Agreement, all as herein stipulated, or if on the scheduled Closing date the Project does not conform with the provisions hereof, Buyer may elect, by written notice given to Seller on or before the Closing, either (a) to take title as provided in Section 13.02 (b) to extend, without any additional cost or expense to Buyer, the scheduled Closing to the fifth (5th) business day after the date of satisfaction of such condition without any additional cost or expense to Buyer during which period Seller shall remove all encumbrances, if any, which secure the payment of money, including, but not limited to, attachments and liens, and Seller shall use reasonable efforts to remove all other defects in title in accordance with Section 1.02(c), and to deliver possession and satisfy all conditions to Closing as provided herein, and to make the Project conform to the provisions herein, as the case may be, or (c) to terminate this Agreement as provided in Section 13.03.
DEFECTIVE TITLE. There is not, and so far as the Vendor is aware has not been, in force any policy relating to defective title or restrictive covenant indemnity for any Material Property.
DEFECTIVE TITLE. 19.1 If a third party claims that the Services, in whole or in part, and/or the performance of the Services, infringe someone’s proprietary rights or intellectual property right or individual rights, the Adviser shall indemnify NB against any and all claims against NB as a result of such third party claim, including costs, including attorneys’ fee, incurred by NB.
19.2 In addition, NB is entitled to claim damages for any losses incurred by NB as a result of any wholly or partially defective title, save that the Adviser may first seek to rectify any such defective title immediately and within such reasonable time as NB may specify. NB shall continue to be entitled to claim damages from the Adviser under this indemnity in respect of any losses incurred to the extent that they have not been mitigated by the Adviser's rectification.
DEFECTIVE TITLE. If Melehes shall be unable to deliver title or make conveyance as provided herein, Driggs, at its option, may (i) terminate this Agreement whereafter all obligations of the parties shall cease, or (ii) waive the defects and accept whatever title Melehes is able to convey, as a full performance by Melehes.
DEFECTIVE TITLE. If the title is not good and cannot be made good within a reasonable time after written notice has been given to the Seller that the title is defective, then the Purchaser, in its sole discretion, may elect to either (i) terminate this Contract; or, alternatively, (ii) proceed with closing the transaction contemplated by this Contract.
