Examination of Title. In addition to any encumbrances referred to herein, BUYER shall take title to the property subject to the Permitted Exceptions as hereinafter defined. Within twenty (20) days of the execution of this Agreement Buyer shall order from the Title Company at Buyer’s expense, a Title Commitment with an effective date no earlier than thirty (30) days prior to the date of this Agreement issued through the Title Company and setting forth the state of title to the Property and all exceptions to coverage which would appear in an owner’s policy of title insurance, if issued, together with copies of all instruments identified in the Title Commitment as exceptions to title. If on or before ten (10) days of receipt of the Title Commitment, Buyer determines that the status of title reflected in such Title Commitment is unacceptable for any reasonable objection, Buyer shall so notify Seller in writing specifying such objectionable matters. Seller shall have a period of thirty (30) days following the receipt of such notice from Buyer to cure such defect; provided, however, that Seller shall not be obligated to cure any such defects. If Seller is unable or elects not to cure such defects or provide an alternative Title Commitment within the thirty (30) day period, within twenty (20) days following the expiration of such period Buyer may either terminate this Agreement or, at its election, maintain this Agreement in effect with the right to take title subject to such defects not cured by Seller, without any deduction or adjustment in the Purchase Price. If Buyer fails to notify Seller within ten (10) days of receipt of the Title Commitment of any objectionable matters set forth in the Title Commitment, then all matters set forth in Schedule B-2 of the Title Commitment shall be the “Permitted Exceptions.” Also, any objectionable matters which Seller is unable or elects not to cure which are accepted by Buyer shall also be Permitted Exceptions.
Examination of Title a) Title to the Property shall be good and marketable and free from all encumbrances except for any service easements or rights-of-way to be reserved in favour of the Vendor and for any easements or rights-of-way registered on title and any minor encroachments shown on the surveyor Reference Plan delivered to the Purchaser.
b) The Purchaser is allowed until 6:00 p.m. on the 15th day prior to the Completion Date to examine the title to the Property at its own expense. If on or before this date the Purchaser furnishes the Vendor in writing with any valid objections: to the title; to any undisclosed outstanding work orders; to undisclosed non-compliance with the municipal by-laws or covenants and restrictions which run with the land and cannot be resolved before the Completion Date; as to any objection of which the Vendor shall be unable to remedy or correct by the Completion Date and which the Purchaser will not waive, then this APS shall, notwithstanding any intermediate acts or negotiations, be terminated and the deposit shall be returned to the Purchaser without deduction and the Vendor and the Purchaser shall not be liable for any costs, damages, compensation or expenses.
Examination of Title. Lessee shall have fifteen (15) days from the date of receipt of title report to examine the title to the property and to report, in writing, any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing with said fifteen (15) days. If Lessee objects to any exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of the Lessee, terminate and end unless he/she elects to purchase the property subject to such exceptions.
Examination of Title. Seller shall, within ten (10) days of this Agreement, furnish Buyer with an abstract of title or a registered property abstract certified to date including proper searches covering bankruptcies and state and federal judgments, liens and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the abstract of title or registered property abstract either to have Xxxxx's attorney examine the title and provide Seller with written objections (“Objections”) or, at Buyer's own expense, to make an application for a title insurance policy and notify seller of the application. Buyer shall have ten (10) business days after receipt of the commitment for title insurance to provide Seller with a copy of the commitment and written Objections. Buyer shall be deemed to have waived any title Objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory warranty deed, unless a warranty deed is not specified above.
Examination of Title. In addition to any encumbrances assumed or taken "subject to", Seller will convey title to the property subject only to: [1] real estate taxes not yet due; and [2] covenants, conditions, restrictions, r ights of way and easements of record, if any, which do not materially affect the value or intended use of the property.
Examination of Title. Lessee shall have days from the date of receipt of title report to examine the title to the property and to report, in writing, any valid objections thereto. Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless reported in writing with said timeframe. If Lessee objects to any exceptions to the title, Lessor shall use all due diligence to remove such exceptions at his/her own expenses within sixty (60) days thereafter. But if such exceptions cannot be removed within the sixty (60) days allowed, all rights and obligations hereunder may, at the election of the Lessee, terminate and end unless he/she elects to purchase the property subject to such exceptions.
Examination of Title. Buyer acknowledges and agrees that it shall have no right to object to any matters with respect to title to the TIC Interests or the Properties except for such matters, if any, (i) related to Seller’s ownership of the TIC Interests and/or ability to convey the TIC Interests to Buyer and (ii) recorded or created by Seller during Seller’s ownership of the TIC Interests (except for matters that Buyer, Manager, the Xxxxxxx TICs or any of their respective members or Affiliates have created or suffered to exist). If any such matters exist, Seller and Buyer shall work together in good faith to resolve such matter to allow Seller to fulfill its obligations hereunder. In the event that Seller is unable to convey title to the TIC Interests in accordance with the terms of this Agreement for any reason whatsoever, Buyer’s sole remedy shall be to terminate this Agreement by written notice from Buyer to Seller delivered on or before the Closing, in which event neither Seller nor Buyer shall have any further liability hereunder with respect to the sale of the TIC Interests but the Tenants in Common shall remain liable for performance in full of their respective obligations related to ownership, management and leasing of the Properties. Buyer may, in its sole discretion, nevertheless accept such title to the TIC Interests as Seller may be able to convey, without reduction of the Purchase Price and without any other liability on the part of Seller.
Examination of Title. Purchaser shall have until the Title Examination Deadline to examine title to the Property and to prepare and examine any survey of the Land and to notify Seller in writing of any defects in title (including any Record Exceptions which are not acceptable to Purchaser) or survey which may be revealed by Purchaser's examination (which such defects shall include any matters which would be revealed by a current as-built survey of the Land); any such notice shall be accompanied by a copy of Purchaser's title report or title insurance commitment and Purchaser's survey and any other materials which evidence or disclose such objections to title. In the event that Purchaser fails to notify Seller on or before the Title Examination Deadline, then, notwithstanding any other provisions set forth herein, such failure to notify Seller timely shall constitute a waiver of such right to object to any such defects and this Agreement shall remain in full force and effect in accordance with its terms and the purchase and sale contemplated hereby shall be closed as herein provided except that Seller's conveyance to Purchaser shall be made expressly subject to all such matters of record and survey with respect to the Property not objected to by Purchaser and any other Permitted Title Exceptions.
Examination of Title. Seller shall, at Seller’s cost, within a reasonable time after ac- ceptance of this Agreement, furnish an Abstract of Title or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, state and federal judg- ments, liens and levied and pending special assessments or a title commitment for an ALTA 2006 Owner’s Policy of Title Insurance, in the amount of the Sale Price, insuring Buyer’s title to the Property. Seller shall use Seller’s reasonable efforts to provide fee simple mar- ketable title subject only to the exceptions identified in Paragraph 4 above by the Closing Date. If Seller has not provided marketable title by the Closing Date, (a) Seller shall have an additional 30 days to make title marketable; or (b) Buyer may waive title defects by written notice to Seller; and (c) in addition to the 30-day extension, Buyer and Seller may agree to further extend the Closing Date. Lacking an extension or waiver by Buyer, or upon the expiration of the extension, either party may declare this Purchase agreement canceled by written notice to the other party, in which case this Purchase Agreement is canceled.
Examination of Title. The Buyer shall be responsible for conducting any examinations of title to the Property and pay any closing fees charged by the title company and title examination fees. If title to the Property is unmarketable or if there are easements, restrictive covenants, and mineral grants and reservations of record (or that will be of record prior to closing) not acceptable to Buyer as permitted encumbrances or if there are building zoning laws, ordinances or state and/or federal regulations that would hinder Buyer's intended use of the Property, the Buyer shall have 90 days in which to notify Seller about the unacceptable conditions in writing and provide the Seller with a reasonable opportunity to correct the title and make it marketable and/or address Buyer's concerns as to the acceptability of easements, restrictive covenants, and mineral grants and reservations of record and building and zoning laws, ordinances and state and federal regulations. If the title to said Property cannot be made marketable or the concerns addressed to Xxxxx's satisfaction within said period of time or such further time as may be granted by the Buyer in writing, this contract shall be wholly void and unenforceable, and Buyer shall be refunded the Purchase Price within thirty (30) days of the Buyer’s election to void this contract. Any election by the Buyer to void this contract due to title defects must be delivered to the Seller in writing and contain a clear explanation of the title defect.
