Inability to Convey Title. Should Seller, for any reason whatsoever, except for a willful default, be unable to convey and transfer title to the Premises to the Purchaser in accordance with the terms of this Contract, Seller’s sole liability shall be limited to the refund of all moneys paid on account of this Contract by Purchaser, in which event, this Contract shall be null and void and the parties shall have no further liability, obligation and/or responsibility to the other.
Inability to Convey Title. If Seller is unable to convey title at Closing in accordance with the requirements of this Agreement, Buyer shall have as its exclusive remedy the option:
Inability to Convey Title. In the event Seller is unable to convey good and marketable title to the Real Estate to Buyer and such as will be insured by the Title Policy (subject to the Permitted Conditions of Title), Buyer shall have the option of (a) waiving its right to terminate this Agreement due to the state of title and taking such title as Seller can give without abatement of the Purchase Price, except that any existing liens or encumbrances which can be removed by the payment of money shall be paid and discharged by Seller prior to Closing, or (b) terminating this Agreement, in which event the Escrow Agent shall return the Deposit, together with all interest earned thereon, to Buyer, Seller shall reimburse Buyer for any Title Insurer charges incurred and additional out-of-pocket costs not to exceed Fifty Thousand Dollars ($50,000), this Agreement shall become null and void, and neither party shall have any further obligations hereunder, provided, however, that if the inability to convey title is due to the breach by Seller of any of its obligations hereunder, then Buyer's remedies with respect thereto shall not be limited by the foregoing provisions of this Section 4.2, and Buyer's remedies in respect thereof shall be as described in Section 10A.
Inability to Convey Title. 6 5. Closing; Fees and Adjustments.. . . . . . . . . . . . . . .6 5.1
Inability to Convey Title. In the event Contributor is unable to convey good and marketable title to the Real Estate to Partnership such as will be insured by the Title Policy, subject only to the Permitted Conditions of Title, then, as Partnership's sole and exclusive remedy, Partnership shall have the option of either (a) waiving its right to terminate this Agreement due to the state of title and taking such title as Contributor can give without abatement of the OP Unit Amount, except that any existing liens or encumbrances which can be removed by the payment of money (excluding the Existing Mortgage) shall be paid and discharged by Contributor prior to Closing, or (b) terminating this Agreement, in which event the Title Insurer shall return the Deposit to Partnership, this Agreement shall become null and void, and neither party shall have any further obligations hereunder; provided, however, that if the inability to convey title is due to the breach by Contributor of any of its obligations hereunder, then Partnership's remedies shall not be limited to termination of this Agreement and return of the Deposit, and Partnership may exercise the remedies available to Partnership as described in Section 11 hereof.
Inability to Convey Title. If Seller is unable to convey title to the Property in accordance with the requirements of Section 5, Buyer shall have the option of: (i) taking such title to the Property as Seller can convey, with abatement of the Purchase Price to the extent of any liens or encumbrances of a fixed or ascertainable amount; or (ii) terminating Buyer's obligations under this Agreement. If Buyer terminates its obligations pursuant to clause (ii) above, there shall be no further liability or obligation on the part of the Buyer or Seller and this Agreement shall terminate.
