Common use of Insurable Claims Clause in Contracts

Insurable Claims. To the extent any Claim for Damages under Article VIII constitutes an Insurable Claim (as defined herein), Purchaser agrees to assert and pursue with reasonable diligence such Insurable Claim against the Title Company (which shall include commencing litigation and diligently prosecuting such Insurable Claim to judgment) prior to pursuing a Claim for Damages under Article VIII. If at any time following a non-favorable judgment that substantially denies the relief sought by Purchaser from the Title Company in connection with the Insurable Claim (each a "Non-Favorable Judgment"), Purchaser shall be permitted, following such Non-Favorable Judgment, to pursue Seller with a Claim for Damages under Article VIII (any such Claim against Seller following an attempted Insurable Claim against the Title Company being a "Residual Title Claim"). Notwithstanding anything to the contrary in Article VIII, Purchaser shall have the right to assert a Claim for Damages based upon a Residual Title Claim for a sixty (60) day period after the Non-Favorable Judgment. For purposes of this Section 6.03(c), an "Insurable Claim" shall mean a Claim that: (i) arises out of Purchaser's discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes a colorable claim against the Title Company under Purchaser's final title policies contemplated by Section 6.01(b) hereof.

Insurable Claims. To the extent any Claim for Damages Losses under Article VIII constitutes an Insurable Claim (as defined herein), Purchaser Xxxxx agrees to assert and pursue with reasonable diligence such Insurable Claim against the Title Company (which shall include commencing litigation and diligently prosecuting such Insurable Claim to judgment) prior to pursuing a Claim for Damages Losses under Article VIII. If at any time following a non-favorable judgment that substantially denies the relief sought by Purchaser Xxxxx from the Title Company in connection with the Insurable Claim (each a "“Non-Favorable Judgment"”), Purchaser Buyer shall be permitted, following such Non-Favorable Judgment, to pursue Seller with a Claim for Damages Losses under Article VIII (any such Claim against Seller following an attempted Insurable Claim against the Title Company being a "“Residual Title Claim"”). Notwithstanding anything to the contrary in Article VIII, Purchaser Xxxxx shall have the right to assert a Claim for Damages Losses based upon a Residual Title Claim for a sixty (60) day period after the Non-Favorable Judgment. For purposes of this Section 6.03(c6.02(c), an "“Insurable Claim" ” shall mean a Claim that: (i) arises out of PurchaserBuyer's discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes a colorable claim against the Title Company under PurchaserXxxxx's final Title Policy. Buyer acknowledges that any and all Claims which Xxxxx could otherwise bring as a breach of a covenant of title policies contemplated by under the special warranty deed to the Real Property shall be included within the Claim for Losses under Article VIII and is subject to the terms of this Section 6.01(b6.02(e) hereofof first pursuing the same as an Insurable Claim.

Insurable Claims. To the extent any Claim for Damages Losses under Article VIII constitutes an Insurable Claim (as defined herein), Purchaser Xxxxx agrees to assert and pursue with reasonable diligence such Insurable Claim against the Title Company (which shall include commencing litigation and diligently prosecuting such Insurable Claim to judgment) prior to pursuing a Claim for Damages Losses under Article VIII. If at any time following a non-favorable judgment that substantially denies the relief sought by Purchaser Xxxxx from the Title Company in connection with the Insurable Claim (each a "Non-Favorable Judgment"), Purchaser Buyer shall be permitted, following such Non-Favorable Judgment, to pursue Seller with a Claim for Damages Losses under Article VIII (any such Claim against Seller following an attempted Insurable Claim against the Title Company being a "Residual Title Claim"). Notwithstanding anything to the contrary in Article VIII, Purchaser Xxxxx shall have the right to assert a Claim for Damages Losses based upon a Residual Title Claim for a sixty (60) day period after the Non-Favorable Judgment. For purposes of this Section 6.03(c6.02(e), an "Insurable Claim" shall mean a Claim that: (i) arises out of PurchaserBuyer's discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes a colorable claim against the Title Company under PurchaserXxxxx's final Title Policy. Buyer acknowledges that any and all Claims which Xxxxx could otherwise bring as a breach of a covenant of title policies contemplated by under the special warranty deed to the Real Property shall be included within the Claim for Losses under Article VIII and is subject to the terms of this Section 6.01(b6.02(e) hereofof first pursuing the same as an Insurable Claim.

Insurable Claims. To the extent any Claim for Damages Losses under Article VIII constitutes an Insurable Claim, Buyer shall assert the Insurable Claim (as defined herein), Purchaser agrees and use its commercially reasonable efforts to assert and pursue with reasonable diligence obtain recovery for such Insurable Claim against the Title Company (which shall include commencing litigation and diligently prosecuting such Insurable Claim to judgmenta Final Order) prior to before pursuing a Claim for Damages Losses under Article VIII. If at any time following a non-favorable judgment Final Order that substantially denies the relief sought by Purchaser Xxxxx from the Title Company in connection with the Insurable Claim (each a "“Non-Favorable Judgment"”), Purchaser shall be permittedBuyer may, following such Non-Non- Favorable Judgment, to pursue the Seller with a Claim for Damages Losses under Article VIII (any such Claim against the Seller following an attempted Insurable Claim against the Title Company being a "“Residual Title Claim"”). Notwithstanding anything to the contrary in Article VIII, Purchaser shall have the right to Xxxxx may assert a Claim for Damages Losses based upon a Residual Title Claim for a sixty (60) day period after the Non-Favorable Judgment. For purposes of this Section 6.03(c6.02(d), an "“Insurable Claim" shall mean ” means a Claim that: (i) arises out of Purchaser's Buyer’s discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes a colorable claim against the Title Company under Purchaser's final Buyer’s Title Policy. Buyer acknowledges that any and all Claims which Xxxxx could otherwise bring as a breach of a covenant of title policies contemplated by under the special warranty deed to the Real Property shall be included within the Claim for Losses under Article VIII and is subject to the terms of this Section 6.01(b) hereof6.02(d).

Insurable Claims. To the extent any Claim for Damages Losses under Article VIII constitutes is an Insurable Claim (as defined herein)Claim, Purchaser agrees to Buyer shall assert and pursue with reasonable diligence such the Insurable Claim against the Title Company (which shall include includes commencing litigation and diligently prosecuting such the Insurable Claim to judgment) prior to before pursuing a Claim for Damages Losses under Article VIII. If at any time following Following a non-favorable judgment that substantially denies the relief sought by Purchaser Buyer from the Title Company in connection with the Insurable Claim (each a "“Non-Favorable Judgment"”), Purchaser shall be permittedBuyer may, following such Non-Favorable Judgment, to pursue Seller with a Claim for Damages Losses under Article VIII (any such Claim against Seller following an attempted Insurable Claim against the Title Company being is a "“Residual Title Claim"”). Notwithstanding anything to the contrary in Article VIII, Purchaser shall have the right to Buyer must assert a Claim for Damages Losses based upon a Residual Title Claim for a within sixty (60) day period after of the Non-Non- Favorable Judgment. For purposes of this Section 6.03(c6.02(d), an "“Insurable Claim" shall mean ” means a Claim that: (i) arises out of Purchaser's Buyer’s discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing Date that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes is a colorable claim against the Title Company under Purchaser's final the Title Policy. Buyer acknowledges that any Claims that it could otherwise bring as a breach of a covenant of title policies contemplated by under the special warranty deed to the Real Property is included within the Claim for Losses under Article VIII and is subject to the terms of this Section 6.01(b6.02(d) hereofof first pursuing the same as an Insurable Claim.

Insurable Claims. To the extent any Claim for Damages Losses under Article VIII constitutes an Insurable Claim (as defined hereinbelow), Purchaser agrees Buyer shall assert the Insurable Claim and use its commercially reasonable efforts to assert and pursue with reasonable diligence obtain recovery for such Insurable Claim against the Title Company (which shall include commencing litigation and diligently prosecuting such Insurable Claim to judgment) prior to before pursuing a Claim for Damages Losses under Article VIII. If at any time following a non-favorable judgment that substantially denies the relief sought by Purchaser Buyer from the Title Company in connection with the Insurable Claim (each a "“Non-Favorable Judgment"”), Purchaser shall be permittedBuyer may, following such Non-Favorable Judgment, to pursue Seller the Municipality with a Claim for Damages Losses under Article VIII (any such Claim against Seller the Municipality following an attempted Insurable Claim against the Title Company being a "“Residual Title Claim"”). Notwithstanding anything to the contrary in Article VIII, Purchaser shall have the right to Buyer may assert a Claim for Damages Losses based upon a Residual Title Claim for a sixty (60) day period after the Non-Favorable Judgment. For purposes of this Section 6.03(c6.02(d), an "“Insurable Claim" shall mean ” means a Claim that: (i) arises out of Purchaser's Buyer’s discovery of a title defect or encumbrance with respect to any of the Real Property following the Closing that materially restricts or prevents the use of such Real Property at issue in the operation of the System; and (ii) constitutes a colorable claim against the Title Company under Purchaser's final title policies contemplated by Section 6.01(b) hereof.and