EU SURVEY 5.1. The participant shall complete and submit the online EU Survey after the mobility abroad within 30 calendar days upon receipt of the invitation to complete it.
Title and Survey Review The condition of the title to the Properties. Prior to the Effective Date, Seller has provided to Buyer an ALTA title report or commitment for title insurance (individually, a “Title Commitment” and collectively, the “Title Commitments”) prepared by First American Title Insurance Company (the “Title Company”) with respect to each Real Property. Buyer may request from the Title Company an updated Title Commitment, together with copies of all documents referred to therein, for any or all of the Properties. Prior to the Effective Date, Seller has provided to Buyer a copy of an existing survey of each Property, and Buyer may, at Buyer’s sole cost and expense, obtain an update of each survey (the “Surveys”). It shall be a condition to Closing that the Title Company shall be committed to issue to Buyer an ALTA extended coverage Owner’s Policy of Title Insurance for each Property, in an amount equal to the Allocated Purchase Price and insuring title to each Property is vested in Buyer, subject only to the “Permitted Exceptions” (as hereinafter defined) and including only the “Endorsements” (as hereinafter defined) (individually and collectively, the “Title Policy”). The following matters shall be deemed “Permitted Exceptions”: all matters disclosed by the Title Commitments other than (A) those matters which the Title Company has removed from the Title Commitment by written supplement and (B) those “Mandatory Cure Items” (as hereinafter defined). “Mandatory Cure Items” shall mean (1) those matters which Seller has agreed in writing to cause to be removed at or before Closing in accordance with, and subject to, Paragraph 3(c), (2) any mortgages, deeds of trust or other similar encumbrance evidencing outstanding indebtedness voluntarily created by Seller which can be satisfied by the payment of an ascertainable amount of money, and (3) any mechanic’s, materialman’s or broker’s liens filed against a Property as a result of Seller’s acts or omissions (e.g., failure to pay) which can be satisfied by the payment of an ascertainable amount of money. The “Endorsements” shall include only those endorsements which, prior to the expiration of the Due Diligence Period, the Title Company has agreed in writing to include in the applicable Title Policy or Seller has agreed in writing to cause to be included in such Title Policy;
Directory Listings 15.1.1 CBT, as publisher of its White Pages, will include Primary Listings of CLEC’s resale directory customers in its White Pages, and shall cause its publisher to include primary listings of CLEC’s directory customers in its Publisher’s Yellow Pages Directories under the following terms and conditions:
15.1.1.1 CBT will publish the Primary Listing of CLEC Directory Customers located within the geographic scope of its White Pages directory and will recover costs for both resale and facility based Customers in accordance with the Act.
Title and Survey (a) Within five (5) business days of the Effective Date, as hereinafter defined, Seller will provide Purchaser with copies of any existing title policies, surveys and other documents pertaining to title to the Property which Seller has in its possession. The Purchaser shall have until the end of the Inspection Completion Date in which to obtain the following "Title Evidence" (at Purchaser's expense), to-wit: (i) a title report issued by Chicago Title Insurance Company or other title insurance company acceptable to Purchaser ("Title Company") enabling a title agent selected by Purchaser to issue an ALTA Form B title insurance commitment ("Commitment") covering the Realty, whereby the Title Company agrees to issue an ALTA Form B owners policy of title insurance ("Title Policy") in the amount of the Purchase Price at Closing, subject only to the matters set forth on EXHIBIT C attached hereto and made a part hereof ("Acceptable Exceptions"), (ii) hard copies of all exceptions to title set forth in the Report, and (iii) an up to date survey of the Realty (certified to a date after the Effective Date) prepared in accordance with the minimum technical standards imposed by the Florida Board of Land Surveyors and minimum standard detail requirements imposed by ALTA/ACSM certified to Purchaser and the Title Company ("Survey").
(b) Purchaser shall review the Title Evidence and shall, prior to the end of the Inspection Completion Date, notify Seller in writing ("Title Objection Notice") of any matters in the Title Evidence adversely affecting the marketability (as determined by the standards adopted by the Florida Bar) of title to the Realty or affecting the ability of Purchaser to utilize the Property and develop the "Proposed Improvements" (as hereinafter defined) thereon other than the Acceptable Exceptions ("Title Defects"). Upon receipt of the Title Objection Notice, Seller shall use its good faith efforts to cure such Title Defects; provided, however, that except as provided in this Agreement, the Seller shall not be required to bring litigation or expend in excess of Twenty- Five Thousand Dollars ($25,000) to cure Title Defects which exist prior to the Effective Date or those which are not created by Seller. In the event that Seller is unable to cure the Title Defects within ninety (90) days of the Title Objection Notice ("Title Cure Period") after good faith efforts to do so, Seller shall notify Purchaser in writing as to which Title Defects remain uncured on or before the end of the Title Cure Period and Purchaser, at Purchaser's option, may: (i) elect to accept title to the Property subject to the Title Defects without any adjustment to the Purchase Price (in which event the remaining Title Defects shall be deemed Acceptable Exceptions); or (ii) terminate this Agreement by written notice thereof to Seller, whereupon this Agreement shall be terminated, the Deposit, together with interest thereon, shall be returned to Purchaser and both parties shall thereafter be released from all further obligations hereunder. At Closing, Seller shall provide Purchaser with a gap affidavit in form reasonably acceptable to the Title Company to permit the Title Company to insure against adverse matters first appearing in the Public Records on a date subsequent to the Effective Date of the Commitment and prior to the recording of a special warranty deed required by the terms of this Agreement as permitted and in accordance with the requirements of Section 627.7841 of the Florida Statutes. The Seller agrees that it will not take any action after the Effective Date of the Commitment which shall adversely affect the status of title to the Property. The Seller agrees to cure any Title Defects and any encumbrance that can be cured by payment of a liquidated amount created by, through or under Seller after the Effective Date of this Agreement.
