Common use of Disapproved Title Matters Clause in Contracts

Disapproved Title Matters. Except for Permitted Exceptions, Seller may disapprove of title exceptions (“Disapproved Matter”) by delivering written notice of objection to Greeley either (i) prior to the expiration of the Inspection Period or (ii) if notice of such title exception is delivered after the expiration of the Inspection Period but prior to the Closing Date, then within ten days (10) days after receiving such notice from Greeley or the Title Company. Any Disapproved Matter not objected to in writing prior to the expiration of the Inspection Period or within such ten (10) day period shall be deemed an additional Permitted Exception. Greeley may elect (but shall not be obligated) to cure any Disapproved Matter by (i) removing or causing the Disapproved Matter to be removed or resolved at Greeley’s expense; (ii) by obtaining title insurance insuring against the effect of the Disapproved Matter; or (iii) by any other means acceptable to Seller (each a “Cure”). Within ten (10) days after Xxxxxxx’x receipt of Seller’s notice of a Disapproved Matter, Greeley shall notify Seller in writing whether Greeley elects to Cure such Disapproved Matter and, if it elects to do so, the method or means of the Cure. If Greeley elects, but fails or is unable to Cure a Disapproved Matter prior to the Closing Date, then Seller may, on the date of Closing, deliver written notice to Greeley that it objects to the Land in accordance with the terms and conditions of Section 6.1.C. If Greeley elects not to Cure one (1) or more Disapproved Matter, then within (i) ten (10) days after Seller’s receipt of Greeley’s written notice regarding such election, or (ii) on the Closing Date, whichever occurs first in time, Seller may deliver written notice to Greeley that it objects to the Land in accordance with the terms and conditions of Section 6.1.C. If Seller does not exercise its rights pursuant to this Section 4.7, then Seller shall be deemed to have accepted any outstanding Disapproved Matters and the Parties shall proceed to Closing, subject to the provisions of this Agreement, without any change to the Purchase Price or other remedy.

Disapproved Title Matters. Except for Permitted Exceptions, Seller Greeley or Xxxx may disapprove of any exceptions to title exceptions (“Disapproved Matter”) by delivering written notice of objection to Greeley other party either (i) prior to the expiration of the Inspection Period or (ii) if notice of such title exception is delivered after the expiration of the Inspection Period but prior to the Closing Date, then within ten days (10) days after receiving such notice from Greeley the other party or the Title Company. Any Disapproved Matter not objected to in writing prior to the expiration of the Inspection Period or within such ten (10) day period shall be deemed an additional a Permitted Exception. Greeley or Xxxx may elect (but shall not be obligated) to cure any Disapproved Matter by (i) removing or causing the Disapproved Matter to be removed or resolved at Greeleycuring party’s expense; (ii) by obtaining title insurance insuring against the effect of the Disapproved Matter; or (iii) by any other means acceptable to Seller the other party (each a “Cure”). Within ten (10) days after Xxxxxxx’x receipt of Seller’s such notice of a Disapproved Matter, Greeley the receiving party shall notify Seller the other party in writing whether Greeley it elects to Cure such Disapproved Matter and, if it elects to do so, the method or means of the Cure. If Greeley elects, the receiving party elects but fails or is unable to Cure a Disapproved Matter prior to the Closing Date, then Seller the other party may, on the date of Closing, deliver written notice to Greeley the receiving party that it objects to the Land condition of the Xxxx Water Rights or Greeley Delta Water Rights in accordance with the terms and conditions of Section 6.1.C. Article 8 below. If Greeley elects not to Cure one (1) or more Disapproved Matter, then within (i) ten (10) days after Seller’s receipt of Greeley’s written notice regarding such election, or (ii) on the Closing Date, whichever occurs first in time, Seller may deliver written notice to Greeley that it objects to the Land in accordance with the terms and conditions of Section 6.1.C. If Seller a Party does not exercise its rights pursuant to this Section 4.73.5, then Seller it shall be deemed to have accepted any outstanding Disapproved Matters and the Parties shall proceed to Closing, subject to the provisions of this Agreement, without any change to the Purchase Price or other remedy.

Disapproved Title Matters. Except for Permitted Exceptions, Seller Greeley may disapprove of title exceptions (“Disapproved Matter”) by delivering written notice of objection to Greeley Wingfoot either (i) prior to the expiration of the Inspection Period or (ii) if such notice of such title exception is delivered after the expiration of the Inspection Period but prior to the Closing Date, then within ten days (10) days after receiving such notice from Greeley Wingfoot or the Title Company. Any Disapproved Matter not objected to in writing prior to the expiration of the Inspection Period or within such ten (10) day period shall be deemed an additional Permitted Exception. Greeley Wingfoot may elect in its sole discretion (but shall not be obligated) to cure any Disapproved Matter by (i) removing or causing the Disapproved Matter to be removed or resolved at GreeleyWingfoot’s expense; (ii) by obtaining title insurance insuring against the effect of the Disapproved Matter; or (iii) by any other means acceptable to Seller Greeley (each a “Cure”). Within ten (10) days after Xxxxxxx’x Wingfoot’s receipt of SellerGreeley’s notice of a Disapproved Matter, Greeley Wingfoot shall notify Seller Greeley in writing whether Greeley Wingfoot elects to Cure such Disapproved Matter and, if it elects to do so, the method or means of the Cure. If Greeley Wingfoot elects, but fails or is unable to Cure a Disapproved Matter prior to the Closing DateClosing, then Seller Greeley may, on the date of Closing, deliver written notice to Greeley Wingfoot that it objects elects to the Land in accordance with the terms and conditions of Section 6.1.C. terminate this Agreement. If Greeley Wingfoot elects not to Cure one (1) or more Disapproved Matter, then within (i) ten (10) days after SellerGreeley’s receipt of GreeleyWingfoot’s written notice regarding such election, or (ii) on the Closing Date, whichever occurs first in time, Seller Greeley may deliver elect to terminate this Agreement by delivering written notice to Greeley Wingfoot that it objects elects to the Land in accordance with the terms and conditions terminate this Agreement. Upon termination of Section 6.1.C. If Seller does not exercise its rights this Agreement pursuant to this Section 4.74.4, the Deposit shall be returned to Greeley and neither Wingfoot nor Greeley shall have any further obligation or liability to the other, provided, however, that where a Disapproved Matter would have a Material Adverse Effect on the Assets, and where such Disapproved Matter is not Cured, then Seller the Deposit shall be returned to Greeley and Greeley shall be entitled to reimbursements from Wingfoot and Wingfoot shall be obligated to pay Greeley for all reasonable, third party out-of-pocket costs incurred by Greeley subsequent to the Effective Date but prior to the termination, including but not limited to the Inspection Costs. If Greeley does not elect to terminate this Agreement pursuant to this Section 4.4, then Greeley shall be deemed to have accepted any outstanding Disapproved Matters and the Parties shall proceed to Closing, subject to the provisions of this Agreement, without any change to abatement of the Purchase Price or other remedy.

Disapproved Title Matters. Except for Permitted Exceptions, Seller may disapprove of title exceptions (“Disapproved Matter”) by delivering written notice of objection to Greeley either (i) prior to the expiration of the Inspection Period or (ii) if notice of such title exception is delivered after the expiration of the Inspection Period but prior to the Closing Date, then within ten days (10) days after receiving such notice from Greeley or the Title Company. Any Disapproved Matter not objected to in writing prior to the expiration of the Inspection Period or within such ten (10) day period shall be deemed an additional Permitted Exception. Greeley may elect (but shall not be obligated) to cure any Disapproved Matter by (i) removing or causing the Disapproved Matter to be removed or resolved at Greeley’s expense; (ii) by obtaining title insurance insuring against the effect of the Disapproved Matter; or (iii) by any other means acceptable to Seller (each a “Cure”). Within ten (10) days after Xxxxxxx’x Greeley’s receipt of Seller’s notice of a Disapproved Matter, Greeley shall notify Seller in writing whether Greeley elects to Cure such Disapproved Matter and, if it elects to do so, the method or means of the Cure. If Greeley elects, but fails or is unable to Cure a Disapproved Matter prior to the Closing Date, then Seller may, on the date of Closing, deliver written notice to Greeley that it objects to the Land in accordance with the terms and conditions of Section 6.1.C. If Greeley elects not to Cure one (1) or more Disapproved Matter, then within (i) ten (10) days after Seller’s receipt of Greeley’s written notice regarding such election, or (ii) on the Closing Date, whichever occurs first in time, Seller may deliver written notice to Greeley that it objects to the Land in accordance with the terms and conditions of Section 6.1.C. If Seller does not exercise its rights pursuant to this Section 4.7, then Seller shall be deemed to have accepted any outstanding Disapproved Matters and the Parties shall proceed to Closing, subject to the provisions of this Agreement, without any change to the Purchase Price or other remedy.