Review of Title. All matters shown in the Title Documents which are not objected to by CBL/OP by delivery of written notice thereof ("CBL/OP's Title Objection Notice") to Property Owner on or before the Title Objection Deadline shall be conclusively deemed to be accepted by CBL/OP. If CBL/OP timely delivers CBL/OP's Title Objection Notice to Property Owner prior to the Title Objection Deadline specifying CBL/OP's objection to any title exception pertaining to the Real Property shown in the Title Documents (each a "Title Objection" and collectively the "Title Objections"), Property Owner may, but except for Voluntary Title Encumbrances, shall not be obligated to, remove from the Title Policy or insure against (by title endorsement from the Title Company or otherwise) some or all of such Title Objections. If Property Owner is able and willing to remove or insure against some or all of the Title Objections, Property Owner shall notify CBL/OP in writing within 5 days after the Title Objection Deadline ("Property Owner's Notice Period") of those Title Objections which Property Owner intends to attempt to remove or insure against on or before the Closing Date (said notice hereinafter called "Property Owner's Title Notice"). Without the necessity of objection by CBL/OP, Property Owner shall comply with all of the requirements set forth in Schedule C of the Title Commitment. Except for Voluntary Title Encumbrances, Property Owner shall have no obligation whatsoever to remove or insure against any Title Objections. If Property Owner delivers Property Owner's Title Notice and thereafter Property Owner is unable to remove or insure against any Title Objection as indicated in Property Owner's Title Notice, Property Owner shall have no liability to CBL/OP and CBL/OP's sole remedy in such event shall be to either waive such Title Objections and proceed with the Closing or terminate this Agreement. If Property Owner does not deliver Property Owner's Title Notice to CBL/OP within Property Owner's Notice Period, Property Owner shall be deemed to have notified CBL/OP that Property Owner is unable or unwilling to remove or insure against the Title Objections. If Property Owner notifies or is deemed to have notified CBL/OP that Property Owner is unable or unwilling to remove or insure against any particular Title Objection, CBL/OP shall be deemed to have waived those Title Objections which Property Owner is unable or unwilling to remove or insure against unless on or before the later to occur...
Review of Title. If any exceptions appear in a Commitment that are unacceptable to Purchaser, Purchaser shall notify Seller in writing of such objections (the “Purchaser’s Title Objections”) on or before August 31, 2018 (the “Title Objection Deadline”). “Permitted Exceptions” shall refer to (i) all exceptions other than Purchaser’s Title Objections which are not otherwise waived, (ii) all exceptions which are caused or created by or under Purchaser or its agents, contractors, or employees, (iii) taxes not yet delinquent, (iv) all Leases of the Property or any portion thereof, and (v) all zoning restrictions. Seller shall have no obligation to cure Purchaser’s Title Objections, to bring any action or proceeding, or otherwise to incur any expense whatsoever to eliminate, cure, or modify Purchaser’s Title Objections, except for monetary liens of an ascertainable amount created by Seller or Seller’s actions, which liens Seller shall cause to be released at or prior to Closing and which may be satisfied from the proceeds of the sale contemplated by this Agreement. Within three (3) days after Seller’s receipt of Purchaser’s Title Objections, Seller shall deliver written notice to Purchaser advising Purchaser whether Seller intends to cure any of Purchaser’s Title Objections (the “Response Notice”). Seller’s failure to timely deliver the Response Notice to Purchaser within such three (3) day period shall be deemed to constitute an election by Seller not to cure Purchaser’s Title Objections. If Seller elects (or is deemed to have elected) not to cure any of Purchaser’s Title Objections with respect to a specific Property or Properties, then Purchaser may elect by written notice to Seller given within one (1) day after receipt of Seller’s Response Notice to (i) remove the subject Properties from the Properties being sold to Purchaser and pay only the Allocated Purchase Price of such Properties being purchased, (ii) waive Purchaser’s Title Objections, consummate the transaction contemplated herein, and accept such title as Seller has elected to deliver without any reduction in Purchase Price or (iii) mutually agree with Seller to a Purchase Price adjustment for such Property. The failure of Purchaser to timely send notice to Seller of Purchaser’s election in the preceding sentence shall be deemed to mean that Purchaser has elected item (i) of the preceding sentence.
Review of Title. The following statutory notice is provided to Buyer on behalf of the real estate licensees, if any, involved in this transaction: Xxxxx is advised that it should either have the abstract covering the Property examined by an attorney of Xxxxx’s own selection or be furnished with or obtain a policy of title insurance.
Review of Title. City will cause Fidelity National Title Insurance Company, or another title company mutually agreeable to both parties (the “Title Company”), to deliver to Developer a preliminary title report (the “Report”) with respect to the title to the Site, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Report, within thirty (30) days from the date of this Agreement. Developer has the right to reasonably approve or disapprove the Exceptions; provided, however, that Developer approves the following Exception: The lien of any non-delinquent property taxes and assessments (to be prorated at close of Escrow). Developer has thirty (30) days from the date of its receipt of the Report to give written notice to City and Escrow Agent of Developer’s approval or disapproval of any of such Exceptions set forth in the Report. Developer’s failure to give written disapproval of the Report within such time limit is deemed approval of the Report. If Developer notifies City of its disapproval of any Exceptions in the Report, City has the right, but not the obligation, to remove any disapproved Exceptions within thirty (30) days after receiving written notice of Developer’s disapproval or provide assurances satisfactory to Developer that such Exception(s) will be removed on or before the Closing. If City cannot or does not elect to remove any of the disapproved Exceptions within that period, Developer has fifteen (15) days after the expiration of such thirty (30) day period to either give the City written notice that Developer elects to proceed with the purchase of the Site subject to the disapproved Exceptions or to give the City written notice that the Developer elects to terminate this Agreement. The Exceptions to title approved by Developer as provided are referred to as the “Condition of Title.” The Developer has the right to approve or disapprove any further Exceptions reported by the Title Company after the Developer has approved the Condition of Title for the Site (which are not created by Developer). The City cannot voluntarily create any new exceptions to title following the Date of this Agreement without the approval of the Developer, which approval cannot unreasonably be withheld.
Review of Title. Spiexxx xxx delivered written notice (the "Objection Notice") to the Contributors prior to the date hereof that certain of the exceptions to title disclosed by the title commitments, preliminary title reports and surveys delivered to Spiexxx xx part of the Due Diligence Materials or otherwise obtained by Spiexxx xx connection with its due diligence hereunder prior to such date are objectionable to Spiexxx ("Xbjections"). Attached hereto as Schedule 5.2(a) are Schedules B to the Proforma policies of title insurance for the Properties which show all exceptions to title that have been approved by Spiexxx xx of the date hereof (and all such exceptions shall constitute "Permitted Exceptions," as hereinafter defined). Schedule 5.2(b) hereto sets forth certain Objections that the applicable Contributors shall use their reasonable efforts to cause the Title Company to delete as a title exception or to insure over to Spiexxx'x xxxisfaction (if the same is an exception to title), or to otherwise resolve in the manner prescribed by Schedule 5.2(b), before the applicable Closing Date. If, after using such reasonable efforts, the applicable Contributors are unable, with respect to any of the Objections set forth in Part I of Schedule 5.2(b), to cause such Objection to be deleted, insured over, or otherwise resolved as aforesaid, then the same shall constitute Permitted Exceptions hereunder (if the same were title exceptions) and Spiexxx xxxll accept title to the applicable Property subject thereto, and the Contributors' failure to otherwise resolve such Objections shall be deemed, waived by Spiexxx xxx Spiexxx xxxll proceed with the contribution or leasing of the applicable Property notwithstanding the same. If, after using such reasonable efforts, the applicable Contributors are unable, with respect to any of the Objections set forth in Part II of Schedule 5.2(b), to cause such Objection to be deleted, insured over, or otherwise, resolved as aforesaid, then the applicable Contributors shall provide written notice to Spiexxx xxxreof. If Contributors give Spiexxx xxxh notice, Spiexxx xxxll have two (2) Business Days to elect to proceed with the contribution or leasing of the applicable Property or terminate this Agreement in its entirety, in the event none of the Closings have occurred, or solely with respect to all contemporaneous and future Closings in the event the First Closing has occurred. If Spiexxx xxxls to give Contributors written notice of its election within...
Review of Title. Buyer shall notify Seller in writing (the "Title Notice") not later than three (3) business days prior to the Expiration Date as to which exceptions to title as shown on the Title Report and Survey, if any, will not be accepted by Buyer. If Buyer fails to notify Seller in writing of its disapproval of any exceptions to title within such period of time, Buyer shall be deemed to have approved the condition of title to the Real Property. If Buyer notifies Seller in writing that Buyer objects to any exceptions to title, Seller shall have two (2) business days after receipt of the Title Notice (but, in no event, later than one (1) business day prior to the Expiration Date) to notify Buyer (a) that Seller will remove such objectionable exceptions from title on or before the Closing, provided that Seller may extend the Closing for such period as shall be required to effect such cure, but not beyond ten (10) days; or (b) that Seller elects not to cause such exceptions to be removed. If Seller fails to timely give such notice to Buyer, the Seller shall be deemed to have given notice to Buyer under clause (b). Seller shall have no obligation to remove any title exceptions to which Buyer objects; provided, however, that Seller shall be obligated to remove, as of the Closing, all liens evidencing any deed of trust (and related documents securing financing), all delinquent tax liens, all mechanic's liens relating to work performed by Seller, all judgment liens and encumbrances created by Seller violation of the provisions of Section 11.2
Review of Title. Authority shall be responsible for obtaining a preliminary title report (“Title Report”) from First American Title Insurance Company or another title company mutually satisfactory to both parties (“Title Company”) with respect to the title to the Site. Developer and Authority each shall have the right to reasonably approve or disapprove the exceptions to title set forth in the Title Report (“Exceptions”); provided, however, that the following Exceptions are hereby approved by the parties:
Review of Title. Prior to the Date of Agreement, the City has caused First American Title Insurance Company (the “Title Company”), to deliver to Developer a standard preliminary title report (the “Report”) with respect to title to the Site dated no more than ten (10) days prior to the Date of Agreement, together with legible copies of the documents underlying the exceptions (“Exceptions”) set forth in the Report. The Developer shall have the right to approve or disapprove the Exceptions in its sole discretion; provided, however, that the Developer hereby approves the following Exceptions:
Review of Title. 3.1.1 Buyer acknowledges receipt of an ALTA Commitment for an owner’s standard coverage policy of title insurance, prepared by Chicago Title Company (in its capacity as title company, “Title Company”), under Commitment No. 002779806, having an effective date of November 12, 2014, along with copies of all of the documents referenced as special exceptions therein (“Preliminary Report”).
Review of Title. At the time of the execution of this Contract, Purchaser acknowledges, by this writing, that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser’s own selection or that Purchaser should be furnished with or obtain a policy of title insurance.
