Exception No Sample Clauses

Exception No. 19. Trust Deed, dated October 9, 1990, securing an original indebtedness in the amount of $5,000,000.00, recorded on October 11, 1990 as Entry No. 33767, Book 2730, at Page 864, in the records of the County Recorder for Utah County, State of Utah.
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Exception No. 4 pertains to an Agreement Regarding Separation of Certain Utilities between the City of Santa Xxxxx and Xxxxxx Xxxxxxxxxxx. Tenant shall not be responsible for any obligations thereunder, with any obligations affecting the Premises to be borne by Landlord. Exception No. 5 pertains to a Grant Deed with Grant and Reservation of Easements from Xxxxxx Xxxxxxxxxxx to Landlord. Tenant shall be responsible for the obligations embodied therein as relate to the use by Tenant of the easements which are reflected therein as appurtenances to the Premises. Exception No. 7 pertains to a Declaration of Covenants, Conditions, Restrictions and Easements between Landlord and Xxxxxx Xxxxxxxxxxx. Tenant shall be responsible for the obligations thereunder pertaining to maintaining ingress and egress easement areas located within the boundaries of the Premises in the manner required by that Declaration and for the obligations not to unreasonably interfere with the surface water drainage easement in favor of Unisys over the Premises. Exception No. 5 pertains to a Grant Deed with Reservation of Easement from Xxxxxx Xxxxxxxxxxx to Landlord, which grants Xxxxxx Xxxxxxxxxxx certain rights of access over the Premises associated with the operation of groundwater monitoring xxxxx on the Property. Paragraph 2(b) of this document indicates that the rights and obligations of the parties thereunder are set forth in and are subject to certain terms and conditions in the Agreement of Purchase and Sale and Escrow Instructions between Landlord and Xxxxxx Xxxxxxxxxxx. Tenant's only obligation with regard to the easements reserved in this Grant Deed is not to unreasonably interfere with the access of Unisys to any monitoring xxxxx that may be hereafter placed upon the Property. Landlord shall be responsible under this Lease to ensure that if any monitoring xxxxx are to be installed on the Premises by Unisys, that they shall be installed in a manner which will not unreasonably interfere with Tenant's use of the Premises and that Unisys exercises its rights under this Grant Deed in manner not to unreasonably interfere with Tenant's use of the Premises. Exception No. 9 pertains to a Declaration of Covenants, Conditions, Restrictions and Easements executed by Landlord. Tenant shall have the obligations for maintenance of such easements and utilities as are located within the boundaries of the Premises as referred to in this Declaration, and the obligation to contribute the share of expenses (as pro...
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Exception No. 25. Trust Deed, dated January 27, 1995, securing an original indebtedness in the amount of $7,364,529.00, recorded on February 3, 1995 as Entry No. 7302, Book 3615, at Page 562, in the records of the County Recorder for Utah County, State of Utah.
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Exception No. 10. Seller shall cause an abandonment by Xxxxxxx County of the easements running across the Northern portion of the Property and the Southern portion of the Property (the "North and South Easements") (both of which are more particularly described in Exception No. 10) to be recorded in the official records of Xxxxxxx County on or before the Closing Date. Seller shall cause the Title Company to amend Exception No. 10 on the Title Policy to reflect the fact that the North and South Easements no longer affect the Property.
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Exception No. 15. Seller agrees to obtain an estoppel certificate from the Association in the form attached hereto as EXHIBIT C. Seller further agrees to indemnify Purchaser as to the conformance of the Property with the recorded CC&Rs on or before the Closing of escrow in the form of an indemnity agreement attached hereto as EXHIBIT D.
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Exception No. 2: That portion of land In the East One-half (E 1/2) of Section Twenty-nine (29), Township Seventeen (17), South, Range Twelve (12) East of the Willamette Meridian, deeded to the Central Oregon Irrigation Company by deed dated November 15, 1913, and recorded December 1, 1913, in Book 32, Page 189 of the Xxxxx County Deed Records and transcribed in Volume 14, Page 371 of Deschutes County Deed Records consisting of property for the construction of the North Canal Dam, Canal, and possible waste way or spillway. HUNTER PLANT ASH PILE EXPANSION--PARCEL NUMBERS: XX-000, XX-000, XX-000, XXX XX-000 Xxxxx in XXXXX County, State of UTAH The South Half of the Southwest quarter of Section 15, and Xxx 0, Xxx 0 and the Southwest quarter of the Southwest quarter of Section 22, all in Township 00 Xxxxx, Xxxxx 0 Xxxx, Xxxx Xxxx Xxxxxxxx. HUNTER PLANT--PARCEL NUMBER EM-495 Lands in XXXXX County, State of UTAH Beginning at the southeast corner of the Northeast Quarter of the Northeast Quarter, being also known as Xxx 0, xx Xxxxxxx 0, Xxxxxxxx 00 Xxxxx, Xxxxx 9 East, Salt Lake Meridian, and running thence North 80 rods; thence West 80 rods; thence Southeast 113 rods to beginning. Containing 20 acres. Being land acquired by two Warranty Deeds from Xxxxxx Xxxxxxx Xxxxxxx and Xxxx Xxxxxxx Xxxxxxx, as individuals, and as Trustees of the Xxxxxx Xxxxxxx Xxxxxxx Trust and the Xxxx Xxxxxxx Xxxxxxx Trust, dated January 29, 1998, and recorded on February 11, 1998 in the office of the recorder of Xxxxx County in Book 238, Pages 353-4, Entry Number 347419, and Book 238, Pages 355-6, Entry Number 347420. NORTH HORN MOUNTAIN COAL LANDS--PARCEL NUMBER EM-481 Lands in XXXXX County, State of UTAH Township 19 South, Range 7 East of the Salt Lake Base and Meridian: Section 6: Lots 1 and 2; S 1/2NE 1/4; SE 1/4NW 1/4; SE 1/4; E 1/2SW 1/4; Section 7: E 1/2NE 1/4. XXXXXX GAS LINE-UDOT PARCEL--PARCEL NUMBER SL-828 Lands in SALT LAKE County, State of UTAH
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Exception No. 26. Trust Deed, dated January 27, 1995, securing an original indebtedness in the amount of $5,287,238.51, recorded on February 3, 1995 as Entry No. 7303, Book 3615, at Page 567, in the records of the County Recorder for Utah County, State of Utah. Further, in addition to removal of Exception Nos. 14, 19, 21, 25, and 26 from Schedule B – Section 2 of the Policy issued to Nu Skin, First American shall issue the Policy to Nu Skin with an Endorsement in the form and content of Exhibit C attached to this Agreement.
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Exception No. 2: Notwithstanding the provisions of the Pension paragraph in Appendix B, any employee who retires between January 1, 1996 and August 16, 1998 will have the benefit of a $27.00 per month pension factor used for calculation of the hourly pension plan. This exception does not apply to a vested pension for an employee who quits during this period.
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Related to Exception No

  • Exceptions Any other provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement:

  • Exception to Assignments I understand that the provisions of this Agreement requiring assignment of Inventions to the Company do not apply to any invention which qualifies fully under the provisions of California Labor Code Section 2870 (attached hereto as Exhibit B). I will advise the Company promptly in writing of any inventions that I believe meet the criteria in California Labor Code Section 2870 and not otherwise disclosed on Exhibit A.

  • Survey or Title Objections If Buyer discovers any title or survey matter which is objectionable to Buyer, Buyer may provide Seller with written notice of its objection to same. Any contrary provisions of Article XV concerning what does or does not constitute delivery notwithstanding, Buyer shall provide and Seller must actually receive, any notice of objections on or before the fifth (5th) day prior to the expiration of the Review Period (the “Title Review Period”). If Seller has not actually received a written notice of objection to any such matter set forth in the Survey or Title Commitment prior to the expiration of the Title Review Period, it shall be conclusively assumed that Buyer has approved same. If Buyer disapproves any condition of title, survey or other matters by written objection to Seller on or before the expiration of the Title Review Period, Seller shall elect either to attempt to cure or not cure any such item and shall notify Buyer of its election by written notice within five (5) days after its receipt of notice from Buyer setting forth title or survey objection. If Seller commits in writing to attempt to cure any such item, then Seller shall be given until the Closing Date to cure any such defect. In the event Seller shall fail to cure a defect which Seller has committed in writing to cure prior to Closing, or if a new title defect arises after the date of Buyer’s Title Commitment or Survey, as applicable, but prior to Closing, then Buyer may elect, in Buyer’s sole and absolute discretion: (i) to waive such objection and proceed to Closing, or (ii) to terminate this Contract and receive a return of the Xxxxxxx Money Deposit. The items shown on the Title Commitment which are not objected to by Buyer as set forth above (other than exceptions and title defects arising after the Title Review Period and other than those standard exceptions which are ordinarily and customarily omitted in the state in which the applicable Hotel is located, so long as Seller provides the appropriate owner’s affidavit, gap indemnity or other documentation reasonably required by the Title Company for such omission) are hereinafter referred to as the “Permitted Exceptions.” In no event shall Permitted Exceptions include liens, or documents evidencing liens, securing any indebtedness (including vehicle or FF&E leases or financing arrangements) any mechanics’ or materialmen’s liens or any claims or potential claims therefor covering the Property or any portion thereof (“Seller Liens”), each of which shall be paid in full by Seller and released at Closing, except to the extent caused by Buyer. If a vehicle or FF&E lease or other financing cannot be released at Closing, Seller shall credit Buyer at Closing with the amount necessary to fully pay off such lease or financing over its term.

  • Permitted Exceptions The Property shall be conveyed subject to the matters which are, or are deemed to be, Permitted Exceptions pursuant to Article II hereof (herein referred to collectively as the “Permitted Exceptions”).

  • Title Exceptions To the best of Borrower’s knowledge after due inquiry and investigation, none of the items shown in the schedule of exceptions to coverage in the title policy issued to and accepted by Lender contemporaneously with the execution of this Loan Agreement and insuring Lender’s interest in the Mortgaged Property will have a Material Adverse Effect on the (a) ability of Borrower to pay the Loan in full, (b) ability of Borrower to use all or any part of the Mortgaged Property in the manner in which the Mortgaged Property is being used on the Closing Date, except as set forth in Section 6.03, (c) operation of the Mortgaged Property, or (d) value of the Mortgaged Property.

  • Access; Utilities; Separate Tax Parcels Based solely on evaluation of the Title Policy (as defined in paragraph 8) and survey, if any, an engineering report or property condition assessment as described in paragraph 12, applicable local law compliance materials as described in paragraph 26, the Sponsor Diligence (as defined in paragraph 42), and the ESA (as defined in paragraph 43), each Mortgaged Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has permanent access from a recorded easement or right of way permitting ingress and egress to/from a public road, (b) is served by or has access rights to public or private water and sewer (or well and septic) and other utilities necessary for the current use of the Mortgaged Property, all of which are adequate for the current use of the Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the Mortgaged Property, or in certain cases, an application has been made or is required to be made to the applicable governing authority for creation of separate tax parcels (or the Mortgage Loan documents so require such application in the future), in which case the Mortgage Loan requires the Mortgagor to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Mortgaged Property is a part until the separate tax parcels are created.

  • Access; Utilities; Separate Tax Lots Each Mortgaged Property (a) is located on or adjacent to a public road and has direct legal access to such road, or has access via an irrevocable easement or irrevocable right of way permitting ingress and egress to/from a public road, (b) is served by or has uninhibited access rights to public or private water and sewer (or well and septic) and all required utilities, all of which are appropriate for the current use of the Mortgaged Property, and (c) constitutes one or more separate tax parcels which do not include any property which is not part of the Mortgaged Property or is subject to an endorsement under the related Title Policy insuring the Mortgaged Property, or in certain cases, an application has been, or will be, made to the applicable governing authority for creation of separate tax lots, in which case the Mortgage Loan requires the Mortgagor to escrow an amount sufficient to pay taxes for the existing tax parcel of which the Mortgaged Property is a part until the separate tax lots are created.

  • Title and Survey Matters Within fifteen (15) Business Days following the Effective Date, Sellers shall cause Escrow Agent (in its capacity as title company issuing the title policy described below, (“Title Company”)) to furnish to Buyer and Sellers title commitments (the “Title Commitments”) with respect to the Property together with copies of all instruments listed as exceptions to title. Within ten (10) Business Days following Buyer’s receipt of the Title Commitments, Buyer shall use commercially reasonable efforts to cause a duly licensed Oklahoma surveyor to furnish to Buyer and Sxxxxxx XXXX/NSPS land title surveys of the Real Property (the “Surveys”). Buyer will have until the expiration of the Inspection Period to give written notice to Sellers specifying Buyer’s objections to the Title Commitment, title exceptions listed therein, and the Surveys (collectively, “Title Objections”), if any. If Buyer timely notifies Sellers in writing of the Title Objections, Sellers shall have five (5) business days after receipt of such notice (the “Title Cure Period”) to elect (but shall have no obligation whatsoever) to cure any Title Objection, and if so elected, shall either (a) satisfy the Title Objections at Sellers’ sole cost and expense and cause the Title Company to revise the Title Commitment to reflect such satisfaction, or (b) provide Buyer and the Title Company with satisfactory evidence that Sellers can and will cure such Title Objections prior to or at Closing; provided, however, Sellers shall be obligated to remove, pay and/or satisfy prior to or at Closing any monetary liens against the Property created or incurred by or through Sellers (each, a “Monetary Lien”). Failure by Sellers to timely respond in writing to any Title Objections shall be deemed Sellers’ decision not to cure any Title Objections. If Sellers elect not to satisfy any of the Title Objections within the Title Cure Period, Buyer shall have the option, exercisable within five (5) days after the expiration of the Title Cure Period, to either (i) waive the unsatisfied Title Objections, in which event the unsatisfied Title Objections will become Permitted Exceptions (hereinafter defined), or (ii) terminate this Agreement in which event the Deposit shall automatically be refunded and returned forthwith to Buyer and, except as expressly set forth herein, neither party shall have any further liability or obligation to the other hereunder. If Buyer fails to notify Sellers in writing within five (5) days after the expiration of the Title Cure Period that Buyer has elected to terminate this Agreement pursuant to this Section 3.4, then Buyer shall be deemed to have waived all unsatisfied Title Objections. If, after the expiration of the Inspection Period, Title Company amends or adds any exception to the Title Commitments other than at the request of Buyer (including any liens against the Property for a liquidated amount that Sellers are not obligated hereunder to satisfy at Closing), the Title Company will notify Buyer and Sellers immediately. Within two (2) business days after Buyer receives notice from Title Company (and the Closing Date shall be extended if needed so that the Closing shall not occur prior to the end of such two (2) Business Day period), together with a copy of such intervening lien or matter, Buyer shall notify Sellers in writing of any objections thereto (a “Supplemental Title Objection”). If Buyer fails to notify Sellers of such Supplemental Title Objection within such two (2) Business Day period, Buyer shall be deemed to have waived any objection and approved all such exceptions. If the Supplemental Title Objection is material and adverse to the Property, is not caused by Buyer and Sellers do not agree to remove such matter (other than any Monetary Lien), then Buyer may within two (2) business days after the Supplemental Title Objection, terminate this Agreement in which event the Deposit shall automatically be refunded and returned forthwith to Buyer and, except as expressly set forth herein, neither party shall have any further liability or obligation to the other hereunder. If Sellers have not received written notice from Buyer that Buyer has elected to terminate this Agreement within such two (2) Business Day period of time, then Buyer shall be deemed to have waived any unsatisfied Supplemental Title Objection. “Permitted Exceptions” shall mean any title or survey item, other than Monetary Liens: (i) not raised as Title Objections by Buyer, or (ii) raised as Title Objections by Buyer but thereafter waived or deemed waived.

  • Title Objections Seller shall request Escrow Agent to cause to be delivered to Buyer a preliminary title report (the "Preliminary Report") from a title company affiliated with the Escrow Agent (the "Title Company"), showing the status of Seller’s title to the Property, together with complete and legible copies of all documents shown therein as exceptions to title ("Exceptions"). Buyer shall have until the date that is five (5) days after the Title Company delivers the Preliminary Report and Exceptions to Buyer within which to give notice in writing to Seller of any objection to such title or to any liens or encumbrances affecting the Property. Within five (5) days after receipt of such notice from Buyer, Seller shall give Buyer written notice of whether it is willing and able to remove the objected-to Exceptions. Without the need for objection by Buyer, Seller shall, with respect to liens and encumbrances that can be satisfied and released by the payment of money, eliminate such exceptions to title on or before Closing. Within five (5) days after receipt of such notice from Seller (the "Title Contingency Date"), Buyer shall elect whether to: (i) purchase the Property subject to those objected-to Exceptions which Seller is not willing or able to remove; or (ii) terminate this Agreement. If Buyer fails to give Seller notice of Buyer’s election, then such inaction shall be deemed to be Buyer’s election to terminate this Agreement. On or before the Closing Date (defined below), Seller shall remove all Exceptions to which Buyer objects and which Seller agrees, or is deemed to have agreed, Seller is willing and able to remove. All remaining Exceptions set forth in the Preliminary Report and those Exceptions caused by or agreed to by Buyer shall be deemed "Permitted Exceptions."

  • Title Matters Purchaser has received from the Title ------------- Company a preliminary title commitment for a fee policy having an effective date after the date of the Original Agreement, for an ALTA (or such other form reasonably approved by Purchaser) owner's policy of title insurance with respect to the Property, together with complete and legible copies of all instruments and documents referred to as exceptions to title (collectively, the "Title ----- Commitment"). Except as set forth in the Diligence Notice, Purchaser ---------- acknowledges that it does not have any other objections to title exceptions shown on the Title Commitment. Seller acknowledges and agrees that Seller shall attempt to remedy the objections set forth in the Diligence Notice with respect to the Property. Seller shall have the right to adjourn the Closing Date pursuant to Section 3.6 for up to ninety (90) days for such purpose. If Seller ----------- shall be unable to remove any such title defects to which Purchaser has objected in accordance with this Section 3.3, Purchaser may elect (i) to terminate this ----------- Agreement, and this Agreement shall be of no further force and effect, except as otherwise expressly provided herein, or (ii) to consummate the transactions contemplated hereby, notwithstanding such title defect, without any abatement or reduction in the Purchase Price on account thereof. Purchaser shall make any such election by written notice to Seller given on or prior to the earlier of the Closing Date or the fifth Business Day after Seller's notice of its inability to cure such defect, and time shall be of the essence with respect to the giving of such notices by Purchaser. Failure of Purchaser to give such notice shall be deemed an election by Purchaser to proceed in accordance with clause (ii) above, and such exception shall be a Permitted Encumbrance. Notwithstanding the foregoing, Seller shall be obligated to take any and all actions necessary to remove as a title exception (and shall not have the aforesaid option to not cure) any mortgages, deeds of trust, judgments and other liens of a monetary nature, as well as any liens or encumbrances created, permitted or suffered by Seller from and after the date of the Diligence Notice.

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