Common use of Post Closing Title and Survey Work Clause in Contracts

Post Closing Title and Survey Work. Notwithstanding anything herein to the contrary, if as of the Closing Buyer has not yet received (a) a Title Commitment and all exceptions to title as shown in the Title Commitment and other matters disclosed therein, and/or (b) had the time permitted under Section 3.5 to review same, and/or (c) received a Survey (if applicable) in form acceptable to Buyer with respect to any parcel of Land, and/ or (d) received a landlord's consent to an assignment of a Real Estate Lease, with respect to Leased Land, and/or (e) a replatting of the Land if Seller is conveying less than 100% of such land pursuant to this Agreement, Buyer shall have the right to either (i) elect to close with respect to such Land; provided Seller agrees in writing at the Closing to provide such missing items promptly after the Closing, or (ii) delay the Closing with respect to such parcel of Land only and close with respect to such Land when the missing items are obtained, with (A) Buyer and Seller to execute an agreement at Closing regarding the payment of the purchase price for such parcel(s); (B) the representations and covenants of Seller with respect to the applicable Land continuing until the extended closing date; and (C) Section 11.1 commencing as of the extended Closing Date of the applicable Land.

Post Closing Title and Survey Work. Notwithstanding anything herein to the contrary, if as of the Closing Buyer has not yet received Date (a) a Title Commitment and all exceptions to title as shown in through no fault of Buyer, the Title Commitment and other matters disclosed therein, Company or attorneys issuing title opinions are not prepared to issue title insurance or title opinions subject only to Permitted Exceptions and/or (b) Buyer has not had the time permitted under Section 3.5 to review same, same and/or (c) received Buyer has not obtained, through no fault of Buyer, a Survey (if applicable) in form acceptable to Buyer with respect to any parcel of Land, and/ the Title Company or (d) received a landlord's consent to an assignment of a Real Estate Lease, with respect to Leased Land, and/or (e) a replatting of the Land if Seller is conveying less than 100% of such land pursuant to this Agreementattorneys issuing title opinions, Buyer shall have the right to either (i) elect to close with respect to such Land; provided under this Agreement, PROVIDED Seller agrees in writing at the Closing to provide such missing items promptly after the Closing, ; or (ii) delay the Closing with respect to such parcel of Land only and close with respect to such Land when the missing items are obtained, with (A) Buyer and Seller to execute an agreement at Closing regarding the payment of the purchase price for such parcel(s)Land or in the alternative Seller agrees that any off-set shall be made against the Retained Amount to the extent a closing has not occurred on the Land by the time of payment of the Retained Amount; (B) the representations and covenants of Seller with respect to the applicable Land continuing until the extended closing date; and (C) the periods in Section 11.1 3.7 commencing as of the extended Closing Date closing date of the applicable Land.