No Obligation to Cure. Nothing contained in this Agreement or otherwise shall require Seller to render its title marketable or to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any expense in order to do so except as set forth in Section 5.3 hereof.
No Obligation to Cure. Nothing contained in this Agreement or otherwise shall require Seller to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any expense in order to do so; provided, however, that Seller agrees to remove any lien or mortgage the amount of which is liquidated and which has been placed on the Real Property with the approval or consent of Seller and any mechanics lien placed on the Real Property pursuant to works of improvement duly authorized by Seller, provided that Seller may remove any such mechanics lien by causing or enabling the Title Company to irrevocably commit to issuing the Title Policy to Purchaser and its lender, if any, without taking exception for any such lien.
No Obligation to Cure. Notwithstanding anything to the contrary, Seller has no obligation to take any steps, bring any action, or incur any costs, effort or expenses whatsoever regarding any Title Objection.
No Obligation to Cure. Nothing herein contained shall ------------- --------------------- require any Mortgagee to cure or undertake to cure any default of Tenant, unless and until such Mortgagee elects to exercise any right under Section 15.03 as to which such cure or undertaking to cure is a condition.
No Obligation to Cure. Notwithstanding anything to the contrary set forth in this Article V, Seller shall be obligated to remove or bond over prior to or at Closing, at Seller’s expense, (a) any mortgages or deeds to secure debt encumbering the Property entered into or assumed by Seller; (b) any mechanics or materialmen’s liens for work done by or at the request of Seller; and (c) any judgment liens, U.S. tax liens or real property tax liens (except for any taxes not yet due and payable, other than as otherwise provided herein) against Seller for a sum certain. Except as set forth in the immediately preceding sentence, nothing contained in this Agreement or otherwise shall require Seller to render its title marketable or to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any liability or expense in order to do so.
No Obligation to Cure. Except as otherwise set forth in this Agreement, nothing contained in this Agreement or otherwise shall require any WPG Party to render the applicable Property Owner’s title marketable or to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any expense in order to do so. Notwithstanding the foregoing, the WPG Parties agree to (a) deliver to the Title Companies the documents described on Exhibit K in connection with the issuance of the Title Policies and (b) use commercially reasonable efforts to cure (whether by causing the Title Companies to remove the same from the applicable Title Policy or to insure over the same in a manner reasonably acceptable to the applicable Purchaser) any exception or matter created by the applicable Property Owner that constitutes an encumbrance of any monetary nature, including without limitation mortgage liens (other than the Assumed Mortgage Debt), other liens and judgments. For the avoidance of doubt, “commercially reasonable efforts” in the foregoing sentence includes (i) the payment of monies in the amount of such encumbrance (together with any additional reasonable amount the Title Companies may require to address interest and penalties thereon), to the extent Seller is not disputing the existence or amount of any such encumbrance, and (ii) in the event Seller is disputing the existence or amount of any such encumbrance, depositing up to 150% of the amount thereof in escrow with the Title Companies pending the resolution of such dispute or taking such other commercially reasonable efforts as the Title Companies may reasonably request. Nothing in this Section 5.4 affects any condition to the obligation of Purchasers to close or any obligation of any WPG Party expressly contained in this Agreement.
No Obligation to Cure. Except as specifically set forth in this ARTICLE 5, in no event shall Sellers be required to bring any action or institute any proceeding, or otherwise to incur any costs or expenses in order to attempt to eliminate any Title Objections. Notwithstanding the foregoing, Sellers shall be obligated to remove all Monetary Objections at or prior to Closing, and may use the proceeds of the Purchase Price at Closing for such purpose.
No Obligation to Cure. Nothing contained in this Agreement or otherwise shall require Seller to render its title marketable or to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any expense in order to do so. However, notwithstanding the preceding sentence or any other provision of this Agreement to the contrary, Seller shall be obligated to remove from record the lien of any mortgage or deed of trust ("MORTGAGE") encumbering the Property. To the extent at Closing there are additional encumbrances not included within the Permitted Encumbrances, Purchaser shall have the right to terminate this Agreement and receive a return of the Deposit, unless Seller (a) shall remove or correct any such encumbrance, or (b) subject to Purchaser's reasonable approval, shall bond over such encumbrance.
No Obligation to Cure. Except as otherwise provided in this Agreement and except for the removal of monetary liens on the Property (but excluding bonds, assessments or similar liens payable in installments), Seller shall not be required to render its title marketable or to remove or correct any exception or matter disapproved by Purchaser or to spend any money or incur any expense in order to do so. Notwithstanding the foregoing, Seller shall provide Title Company with a mechanics’ lien indemnity and owner’s affidavit in forms required by Title Company.
No Obligation to Cure. Except as set forth herein, nothing herein contained shall require any Mortgagee to cure any default of Lessee hereunder.
