Common use of Notice of Title Defect Clause in Contracts

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's title to any Interest not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten (10) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest or the portion of the Interest that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "C," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co), Purchase and Sale Agreement (Delta Petroleum Corp/Co)

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Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's title to any Interest underlying a Well or Unit described on Exhibit "A" not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten five (105) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, include (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest Well or Unit or the portion of the Interest underlying the Well or Unit that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest Well or Unit should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co), Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's Sellers' title to any Interest underlying a Well or Unit described on Exhibit "A" not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten five (105) days before the Closing Date (the "Warranty Claim Date"), Buyer Buyers must notify Seller Sellers in writing of any matter that Buyer Buyers considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer Buyers asserts as a Title Defect, (ii) a specific description of the Interest Well or Unit or the portion of the Interest underlying the Well or Unit that is affected by the Title Defect, (iii) Buyer's Buyers' calculation of the amount ("Title Defect Amount") that the value of the Interest Well or Unit should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer Buyers shall be deemed to have waived any Title Defect which the Buyer has Buyers have not specifically asserted in its their Notice of Title Defect presented before the Warranty Claim Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Castle Energy Corp), Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's Sellers' title to any Interest not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten five (105) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller Sellers in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest or the portion of the Interest that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Castle Energy Corp), Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's title to any Interest not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten two (102) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest or the portion of the Interest that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)

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Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's title to any Interest not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten five (105) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest or the portion of the Interest that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause either Seller's title to any Interest Property not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten thirty (1030) days before following the Closing Date (the "Warranty Claim Date"), each respective Buyer must notify the corresponding Seller in writing of any matter that such Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter such Buyer asserts as a Title Defect, (ii) a specific description of the Interest Property or the portion of the Interest Property that is affected by the Title Defect, (iii) such Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest Property should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "C," with respect to the Xxxxx Ranch Property or Exhibit "D" with respect to the Frisco City Property and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the each Buyer shall be deemed to have waived any Title Defect which the such Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Castle Energy Corp)

Notice of Title Defect. Except for Permitted Encumbrances, any defect in title, lien, encumbrance, or defect that would cause Seller's title to any Interest underlying a Well or Unit described on Exhibit "A" not to be Good and Defensible Title shall be a title defect ("Title Defect"). Not later than ten five (105) days before the Closing Date (the "Warranty Claim Date"), Buyer must notify Seller in writing of any matter that Buyer considers to be a Title Defect ("Notice of Title Defect"), which notice shall include, (i) a specific description of the matter Buyer asserts as a Title Defect, (ii) a specific description of the Interest Well or Unit or the portion of the Interest underlying the Well or Unit that is affected by the Title Defect, (iii) Buyer's calculation of the amount ("Title Defect Amount") that the value of the Interest Well or Unit should be reduced because of the Title Defect based on the Allocated Value shown on Exhibit "CB," and (iv) appropriate supporting documentation. Notwithstanding anything to the contrary in this Agreement, the Buyer shall be deemed to have waived any Title Defect which the Buyer has not specifically asserted in its Notice of Title Defect presented before the Warranty Claim Date.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Castle Energy Corp)

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