Common use of Notice of Title Benefits Clause in Contracts

Notice of Title Benefits. On or before the Defect Notice Date, Seller shall have the right, but not the obligation, to advise Buyer in writing of any matters that in Seller's reasonable opinion constitute a Title Benefit with respect to Seller's title to all or any portion of the Leases and Xxxxx (a “Title Benefit Notice”). The Title Benefit Notice shall be in writing and contain the following: (i) a description of the Title Benefit, (ii) the Leases or Xxxxx (and the applicable zone(s) therein) affected by the Title Benefit (“Title Benefit Property”), (iii) the Allocated Values of the Leases or Xxxxx (and the applicable zone(s) therein) subject to such Title Benefit, (iv) supporting documentation reasonably necessary for Buyer to verify the existence of the alleged Title Benefit, and (v) the amount by which the Seller reasonably believes the Allocated Value of those Leases or Xxxxx (and the applicable zone(s) therein) is increased by the Title Benefit, and the computations and information upon which Seller's belief is based. Seller shall be deemed to have waived all Title Benefits of which it has not given notice on or before the Defect Notice Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Petroleum Development Corp)

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Notice of Title Benefits. On or before the Defect Notice Claim Date, Seller shall have the right, but not the obligation, to advise Buyer in writing of any matters that in Seller's ’s reasonable opinion constitute a Title Benefit with respect to Seller's ’s title to all or any portion of the Leases and Xxxxx Wxxxx (a “Title Benefit Notice”). The Each Title Benefit Notice shall be in writing writing, and contain the following: shall include (ia) a clear description of the alleged Title BenefitBenefit(s), (iib) the Wxxxx and Leases or Xxxxx (and the applicable zone(s) therein) affected by the Title Benefit (each a “Title Benefit Property”), (iiic) the Allocated Values Value of the Leases or Xxxxx (and the applicable zone(s) therein) subject to such each Title BenefitBenefit Property, (ivd) supporting documentation documents or references thereto reasonably necessary for Buyer Seller to verify the existence of the alleged Title BenefitBenefit(s), and (ve) the amount by which the Seller Buyer reasonably believes the Allocated Value of those Leases or Xxxxx (and the applicable zone(s) therein) each Title Benefit Property is increased by the alleged Title Benefit, Benefit(s) and the computations and information upon which Seller's Buyer’s belief is based. Seller shall be deemed to have waived all Title Benefits of which it has not given notice on or before the Defect Notice Claim Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Emerald Oil, Inc.)

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Notice of Title Benefits. On or before the Defect Notice Date, Seller shall have the right, but not the obligation, to advise Buyer in writing of any matters that in Seller's reasonable opinion constitute a Title Benefit with respect to Seller's title to all or any portion of the Leases and Xxxxx (a "Title Benefit Notice"). The Title Benefit Notice shall be in writing and contain the following: (i) a description of the Title Benefit, (ii) the Leases or Xxxxx (and the applicable zone(s) therein) affected by the Title Benefit (“Title Benefit Property”)Benefit, (iii) the Allocated Values of the Leases each Lease or Xxxxx (and the applicable zone(s) therein) Well subject to such Title Benefit, and (iv) supporting documentation reasonably necessary for Buyer to verify the existence of the alleged Title Benefit, and (v) the amount by which the Seller reasonably believes the Allocated Value of those such Leases or Xxxxx (and the applicable zone(s) therein) is increased by the Title Benefit, and the computations and information upon which Seller's belief is based. Seller shall be deemed to have waived all Title Benefits of which it has not given notice on or before the Defect Notice Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Empire Petroleum Corp)

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