Common use of Remedies for Title Benefits Clause in Contracts

Remedies for Title Benefits. (a) If either Party discovers any Title Benefit during the Examination Period affecting the Assets, it shall promptly notify the other Party in writing thereof on or before the expiration of the Examination Period. Subject to Section 3.05, Seller shall be entitled to an upward adjustment to the Purchase Price pursuant to Section 10.02(a)(iv) with respect to all Title Benefits in excess of $50,000 in an amount mutually agreed upon by the Parties; provided, that notwithstanding anything in this Agreement to the contrary (i) if the aggregate adjustment to the Purchase Price for Title Benefits determined in accordance with this Agreement does not exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then no adjustment of the Purchase Price shall be made therefor and (ii) if the aggregate adjustment to the Purchase Price for Title Benefits determined in accordance with this Agreement does exceed three percent (3%) of the Purchase Price prior to any adjustments thereto, then the Purchase Price shall only be adjusted by the amount of such excess. For purposes of this Agreement, the term “

Remedies for Title Benefits. (a) If either Party discovers Sellers discover any Title Benefit during the Examination Period affecting the Assets, it shall promptly Sellers may notify the other Party in writing thereof on or before the expiration of the Examination Period. Such notice shall be similar to the notice of Title Defects to be provided by Purchaser pursuant to Section 5.3, mutatis mutandis. Subject to Section 3.055.5, Seller Sellers shall be entitled to an upward adjustment to the Purchase Price pursuant to Section 10.02(a)(iv) 12.2 with respect to all Title Benefits in excess of $50,000 Benefits, in an amount mutually agreed upon by the Parties; provided, however, that notwithstanding anything in this Agreement to the contrary (i) if the aggregate upward adjustment to the Purchase Price for Title Benefits determined in accordance with this Agreement Section 5.5(d) does not exceed three two percent (32%) of the Purchase Price prior to any adjustments thereto, then no adjustment of to the Purchase Price shall be made therefor and (ii) for Title Benefits, and, if the aggregate upward adjustment to the Purchase Price for Title Benefits determined in accordance with this Agreement Section 5.5(d) does exceed three two percent (32%) of the Purchase Price prior to any adjustments thereto, then the Purchase Price shall only be adjusted upward by the amount of such excess. For purposes of this Agreement, the term “