Delivery of Title Report. Seller shall promptly request the Title Company to deliver to Buyer a preliminary title report or title commitment covering the Real Property (the “Title Report”), together with copies of all documents (collectively, the “Title Documents”) referenced in the Title Report. Buyer, at its option and expense, may (a) obtain a new survey for the Real Property or (b) cause one or more of the Existing Surveys to be updated or recertified. Buyer understands and acknowledges that if Buyer elects to obtain a new survey or an updated or recertified survey for the Real Property the completion and/or delivery of the surveys or updated or recertified surveys shall not be a condition precedent to the Close of Escrow. Notwithstanding the foregoing, Buyer further acknowledges that Seller makes no representations or warranties, and Seller shall have no responsibility, with respect to the completeness of the Title Documents made available to Buyer by the Title Company.
Delivery of Title Report. Seller has caused to be delivered to Buyer prior to the date hereof, (i) a preliminary report or title commitment (collectively, the “Title Commitment”) issued by Fidelity National Title Insurance Partnership (the “Title Company”), covering the Real Property, together with copies of all documents referenced in the Title Commitment, and (ii) a ALTA-ACSM Urban survey of the Property (collectively, the “Surveys”) together with an affidavit of “no change” executed by Seller addressed to Buyer and the Title Company.
Delivery of Title Report. To the extent not previously delivered to Buyer, within 5 days after the Effective Date, Seller shall cause to be delivered to Buyer or to provide Buyer and its designee access to a preliminary report or title commitment issued by the Title Company (the “Title Report”), covering the Real Property, together with copies of all documents referenced in the Title Report. Buyer, at its option and expense, may obtain a survey (the “Survey”) of the Property.
Delivery of Title Report. The DCT Parties have caused to be delivered to TRT Partner prior to the date hereof, (i) a preliminary report or title commitment (collectively, the “Title Commitment”) issued by Fidelity National Title Insurance Partnership (the “Title Company”), covering the Real Property, together with copies of all documents referenced in the Title Commitment, and (ii) a ALTA-ACSM Urban survey of the Property (collectively, the “Surveys”) together with an affidavit of “no change” executed by Contributor addressed to the Title Company.
Delivery of Title Report. Prior to the execution of this Agreement, Seller has provided Buyer with a title report for the Property, a copy of which is or shall be attached hereto and incorporated herein by this reference as Exhibit "C" ("Title Report"). Buyer shall have until the expiration of Buyer's Review Period to provide Seller with written notice specifying any reason(s) if Buyer disapproves any item or exception shown on the Title Report. Failure of Buyer to disapprove any item or exception shown on the Title Report during such time period shall be deemed to be an approval of title to the Property in its entirety. If Buyer disapproves of any item or exception shown in the Title Report, Seller shall have the right, but not the obligation, to (a) remove or cure the defect to the reasonable satisfaction of Buyer or (b) elect not to cure such defect. If Seller fails to notify Buyer of Seller's election to cure such item or exception within five (5) days after Seller's receipt of Buyer's notice of disapproval, Seller shall be deemed to have elected not to cure such defect. If Seller elects not to cure any such defect, then Buyer's exclusive remedy shall be to (i) accept such item or exception and proceed to take title to the Property without either deduction or offset to the Purchase Price and waive such defect without cause of action hereunder against Seller, or (ii) terminate this Agreement and the Escrow by giving five (5) days' prior written notice of such termination to Seller and to Escrow Agent after Buyer's receipt or deemed receipt of Seller election not to cure. Buyer's failure to provide Seller with five (5) days' prior written notice of termination shall constitute Buyer's election under (i) above.
Delivery of Title Report. Buyer shall obtain a preliminary report or title commitment issued by the Title Company (the “Title Report”), covering the Real Property, together with copies of all documents referenced in the Title Report. Buyer, at its option and expense, may obtain a survey (the “Survey”) of the Property.
Delivery of Title Report. 4 B. Delivery of Title and Title Insurance..................... 4 C. Substantial Completion of Improvements.................... 5 E.
Delivery of Title Report. Prior to the Effective Date, Seller has made available to Buyer a preliminary title report or title commitment covering the Real Property (the “Title Report”), together with copies of all documents (collectively, the “Title Documents”) referenced in the Title Report. Prior to the Effective Date, Buyer has requested, at Buyer’s sole cost and expense, that the Existing Survey be updated and recertified (the “Updated Survey”). During the term of this Agreement, Seller shall assist Buyer, without cost or expense to Seller, with any further review of the Title Reports and Updated Survey by Buyer and answer all follow-up questions and provide additional requested information to the extent in Seller’s possession or control. Seller covenants and agrees to remove (or cause to be removed) from the Real Property concurrently with the Close of Escrow each of the following (collectively, the “Monetary Encumbrances”): (i) all deeds of trust, mortgages and/or other debt instruments to the extent executed by Seller or expressly assumed by Seller in writing (which obligation shall be deemed satisfied if Seller or Escrow Holder has received a payoff letter from the applicable lender and Seller has authorized Escrow Holder to use a portion of the Purchase Price to satisfy the applicable obligation in full in accordance with such payoff letter as part of the Close of Escrow), and (ii) any other monetary liens which are of an ascertainable amount and are capable of being removed upon the payment of money (which obligation shall be deemed satisfied if the same is bonded over in a manner acceptable to the Title Company); provided, however, that work affecting the Real Property performed or to be performed by or on behalf of a tenant or subtenant under a Lease will not be Seller’s responsibility, and accordingly Seller shall not be obligated to remove from the Real Property either (x) notices of commencement of work to be performed by contractors or subcontractors engaged by such tenants or subtenants, or (y) any liens filed with respect to such work performed by or on behalf of any such tenant, unless (and only to the extent that) an item referenced in either clauses (x) or (y) above would impair Seller’s ability to transfer the Real Property to Buyer.
Delivery of Title Report. Seller shall request, at Buyer's expense, the Title Company to promptly deliver to Seller and Buyer a preliminary report or title commitment covering the Real Property (the "Title Report") issued by the Title Company, together with copies of all documents (collectively, the "Title Documents") referenced in the Title Report (including, without limitation, copies of the deed pursuant to which Seller obtained title to the Real Property). Seller shall assist Buyer, at Buyer's expense, to obtain a new survey for the Real Property (such survey being referred to herein as the "New Survey"). Buyer understands and acknowledges that if Buyer elects to obtain a New Survey or an updated or recertified survey for the Real Property the completion and/or delivery of the surveys or updated or recertified surveys shall not be a condition precedent to the Close of Escrow. Notwithstanding the foregoing, Buyer further acknowledges that Seller makes no representations or warranties, and Seller shall have no responsibility, with respect to the completeness of the Title Documents made available to Buyer.
Delivery of Title Report. Pursuant to the terms of the Access Agreement, Seller has provided to Buyer copies of Seller’s title insurance policies for each of the Real Properties as described on Exhibit 1.2(a) of this Agreement. Prior to the Effective Date, Seller has caused to be delivered to Buyer or to provide Buyer and its designee access to a preliminary report or title commitment issued by the Title Company for each real property comprising the Real Properties (each, a “Title Report” and, collectively, the “Title Reports”), together with copies of all documents referenced in the Title Reports. Buyer, at its option and expense, may obtain new surveys or updates to existing surveys (collectively, the “Surveys”) of each real property comprising the Real Properties.
