Review and Approval of Title. Developer shall have reviewed and approved the Condition of Title of the Site, as provided in Section 203 hereof.
Review and Approval of Title. Developer shall have reviewed and approved the condition of title, as provided in Section 304.5 of this Agreement.
Review and Approval of Title. Developer shall not have elected to terminate this Agreement due to the condition of title to the Site pursuant to Section 2.4.7.
Review and Approval of Title. During the Due Diligence Period, Purchaser shall review title to the Property as disclosed by the Title Documents. Prior to the end of the Due Diligence Period, Purchaser shall notify Seller in writing of those title matters disclosed by the Title Documents which Purchaser approves and any title matters disclosed by the Title Documents which Purchaser disapproves in Purchaser's sole and absolute discretion. Purchaser's failure to deliver such written notice to Seller and Escrow Holder, prior to the end of the Due Diligence Period, approving or disapproving the Title Documents and all matters of title set forth therein shall be deemed Purchaser's election to terminate this Agreement as set forth below in this Section 4(c). All title matters approved in writing by Purchaser prior to the end of the Due Diligence Period shall constitute "Permitted Exceptions" in accordance with Section 4(d) below. If Purchaser notifies Seller in writing prior to the expiration of the Due Diligence Period that Purchaser disapproves of any title matter, then within ten (10) days after receipt by Seller of such written disapproval of any title matter by Purchaser, Seller shall notify Purchaser in writing of any title matter which Seller is unable or unwilling, in Seller's sole and absolute discretion, to cause to be removed or insured against prior to or at Closing. Seller shall have no obligation whatsoever to cure any disapproved title matter other than Obligatory Title Exceptions. As used herein, "OBLIGATORY TITLE EXCEPTIONS" means (i) monetary liens and encumbrances upon the Property which are wilfully and deliberately created by Seller after the date of this Agreement, and (ii) any monetary liens and encumbrances upon the Property created after the date of this Agreement and securing, in the aggregate, the sum of Fifty Thousand Dollars ($50,000.00) or less and which can be removed from title by Seller providing a bond or other monetary security at Closing; provided, however, the following shall not be Obligatory Title Exceptions:
Review and Approval of Title. Developer shall have reviewed and approved the Condition of Title of the Grocery Store Component Property, as provided in Section 203 hereof.
Review and Approval of Title. Provided that Developer shall have the right to reasonably review and approve title to the Grocery Store Component following the Second Closing.
Review and Approval of Title. Not later than ten (10) days following the date first above written, Seller shall deliver to Buyer all of the following:
5.1.1 at Seller's sole cost and expense, a current extended coverage preliminary title report (the "Preliminary Title Report") with respect to the Property issued by the Title Company, accompanied by copies of all documents referenced in such report;
5.1.2 at Seller's sole cost and expense, an ALTA survey of the Real Property prepared by a licensed surveyor reasonably acceptable to Buyer (the "Survey"). The Survey shall be certified to Buyer and the Title Company and in sufficient detail to provide the basis for an ALTA owner's policy of title insurance without boundary, encroachment or survey exceptions, and shall show the location of all easements and improvements, and any and all other pertinent information with respect to the Real Property. The Survey shall also indicate and certify as to the total acreage of the Real Property and any encroachments of improvements onto easements or onto adjacent properties or certify as to their absence and shall indicate the
Review and Approval of Title. Developer shall have reviewed and approved the condition of title to the Manchester Site and Orangewood Site as provided herein.
Review and Approval of Title. Authority shall have reviewed and approved the condition of title to the Site as provided herein.
Review and Approval of Title. The RTC has ordered and/or received, at the sole cost and expense of Dunes, current preliminary title reports from Chicago Title Company for the San Diego Property, the Nevada Property, the Sold Rancho Murieta, and the Unsold Rancho Murieta Property ("Title Reports"). The RTC shall have seven (7) days following the date this Agreement is executed by all parties ("Approval Date") to review and approve the Title Reports. The RTC shall notify Dunes, SHF and the Escrow Holder as of the Approval Date what exceptions to title, if any, will be accepted by the RTC ("Approved Exceptions"). If the RTC objects to any exceptions to title, the RTC shall so notify Dunes, SHF and the Escrow Holder and Dunes and/or SHF shall have three (3) days after receipt of the RTC's objections to notify the RTC: (i) that Dunes and/or SHF will remove any objectionable exceptions from title and provide the RTC with evidence reasonably satisfactory to the RTC of such removal, or provide the RTC with evidence reasonably satisfactory to the RTC that said exceptions will be removed on or before the Closing Date; or (ii) that Dunes and SHF elect not to cause such exceptions to be removed. If Dunes and SHF give the RTC notice under clause (ii), the RTC shall have three (3) days in which to notify Dunes and SHF that either the RTC will nevertheless proceed with this transaction, or that the RTC will terminate this Agreement.
