Review of Title and Survey. Purchaser shall have until the expiration of the Inspection Period in which to notify Seller in writing (the "Title Objection Notice") of any objections Purchaser has to any matters shown or referred to in the Title Commitment, the Exception Documents or on the Survey; provided, that Purchaser shall not object to current real estate taxes and assessments or to easements, restrictions and exceptions affecting the Property which do not materially adversely affect the value of the Property or its current use by Seller, all of which shall be Permitted Exceptions hereunder. Any title encumbrances, exceptions or other matters which are set forth in the Title Commitment, the Exception Documents or on the Survey, and to which Purchaser does not object within the Inspection Period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions"). Other than liens securing the payment of the Existing Loan which will be assumed by Purchaser at Closing pursuant to the terms of this Contract, Seller shall, notwithstanding anything to the contrary contained herein, satisfy all liens securing the payment of a monetary obligation and affecting the Property at or prior to Closing, except for any liens or encumbrances expressly permitted in Section 4.5(c) and (d) hereof.
Review of Title and Survey. No later than ten (10) days after Buyer receives both the Title Binder and Survey, Buyer shall notify Seller of any objections Buyer has to any matters shown or referred to in the Title Binder or the Survey that impair the marketability of the Owned Property. Any title encumbrances or exceptions that are set forth in the Title Binder or the Survey and to which Buyer does not object shall be deemed to be permitted exceptions to the status of Seller's title ("Permitted Exceptions"). None of the exceptions prohibited in Section 5.31.1 hereof shall be Permitted Exceptions. With regard to items to which Buyer does object, Seller shall have five (5) days after receipt of Buyer's objections in which to cure all Buyer's objections. If Seller is unable to cure such objections within said five-day period, Buyer may at Buyer's option waive the objections not cured (in which event such waived objections will be Permitted Exceptions), or terminate this Agreement by notice to Seller within five (5) business days after the earlier to occur of expiration of said cure period or written notice from Seller that Seller is unable to cure all of such objections. If Buyer fails to deliver a written termination notice within such five-day period, Buyer will be deemed to have waived such objections.
Review of Title and Survey. Notwithstanding the expiration of either the Inspection Period or the Environmental Inspection Period, Purchaser shall have until five (5) business days after receipt of the last of the Title Commitment, Exception Documents, Existing Survey, and New Survey, if applicable, in which to notify Seller in writing (the "Title Objection Notice") of any objections Purchaser has to any matters shown or referred to in the Title Commitment, the Exception Documents, the Existing Survey or any New Survey; PROVIDED, that Purchaser shall not object to current real estate taxes and assessments which shall be Permitted Exceptions hereunder. Any title encumbrances, exceptions or other matters which are set forth in the Title Commitment, the Exception Documents, the Existing Survey or any New Survey, and to which Purchaser does not object within the aforementioned five (5) business day period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions").
Review of Title and Survey. Purchaser shall have until the end of the Inspection Period (as hereinafter defined) to notify Seller in writing of any objections Purchaser has to any matters affecting title to the Property, including any matters shown or referred to in the Title Commitment, the Exception Documents, or on the Survey. Any title encumbrances, exceptions or other matters which are either: (a) reported to the Title Company and insured over without exception on the Title Commitment or (b) set forth in the Title Commitment, the Exception Documents, or on the Survey; and to which Purchaser does not object in writing within the Inspection Period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters permitted pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions").
Review of Title and Survey. Purchaser shall have a period of time (the “Title Review Period”) ending on the date that is five (5) days prior to the expiration of the Feasibility Period in which to notify Seller in writing of any objections Purchaser has to any matters shown on or in the Title Commitment, the Title Exception Documents or the Survey (or Existing Survey as the case may be). All objections raised by Purchaser in the manner herein provided are hereafter collectively called “Objections.” Seller shall have the option, but not the obligation, to remedy or remove all Objections (or agree irrevocably in writing to remedy or remove all such Objections at or prior to the Closing) during the period of time (the “Cure Period”) ending on the third (3rd) day after Seller’s receipt of notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such Objections during the Cure Period, Seller shall be deemed to have elected not to cure such matters. In the event Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections (or agree irrevocably to do so at or prior to the Closing) within the Cure Period, then either (i) this Agreement may be terminated in its entirety by or on behalf of Purchaser by giving Seller written notice to such effect during the period of time (the “Termination Period”) ending on the third (3rd) day following the end of the Cure Period, whereupon the Escrow Agent shall return the Xxxxxxx Money to Purchaser and the Escrow Agent shall be authorized to make such disbursements of the Xxxxxxx Money without any further joinder or approval of Seller or Purchaser, and thereafter all parties hereto or mentioned herein shall be released and relieved of further obligations, liabilities or claims hereunder (except as provided in this Agreement to the contrary); or (ii) any such Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed to have waived such Objections if notice of termination is not given within the Termination Period. Any title encumbrances or exceptions which are set forth in the Title Commitment, the Title Exception Documents or the Survey (or the Existing Survey) and to which Purchaser does not object on or prior to the last day of the Title Review Period (or which are thereafter waived or deemed to be waived by Purchaser) shall be deemed to be permitted exceptions (collectively, the “Permitted Exceptions”) to the status of Seller’s title to the Property. No...
Review of Title and Survey. Purchaser shall have until ten (10) days after receipt of the last of the Title Commitment, Exception Documents, and Survey in which to notify Seller in writing (the "Title Objection Notice") of any objections Purchaser has to any matters shown or referred to in the Title Commitment, the Exception Documents or on the Survey. Any title encumbrances, exceptions or other matters which are set forth in the Title Commitment, the Exception Documents or on the Survey, and to which Purchaser does not object within the aforementioned ten (10) day period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions").
Review of Title and Survey. Buyer shall have a period (the "REVIEW PERIOD") ending five (5) days after the date on which Buyer receives the last to be received of the following: (i) the Title Commitment, (ii) copies of all instruments referred to in the Title Commitment which affect title to the Owned Real Property and (iii) the Survey required in paragraph (b) above, in which to notify Seller of any objections Buyer has to any matter shown or referred to on the Survey or in the Title Commitment which are reasonably unacceptable to Buyer. Any matters to which Buyer does not object by written notice delivered to Seller prior to the end of the Review Period, as well as utility easements and other easements, rights of way, covenants, reservations and restrictions of record which, individually or in the aggregate, do not
Review of Title and Survey. Purchaser shall have a period (the "Review Period") ending thirty (30) days after the Effective Date but no later than September 25, 2005, in which to notify Seller of any objections Purchaser has to any matters shown or referred to in the Title Commitment or the Survey other than those Permitted Exceptions set forth on Exhibit "B" hereto failing which Purchaser waives its right to raise such objections and title shall be deemed satisfactory. In the event Purchaser notifies Seller of any unacceptable exceptions or conditions, Seller shall have five (5) days thereafter in which to notify Purchaser whether Seller will eliminate or modify such Unacceptable Condition(s) or conditions. In the event Seller does not respond within such 15-day period, Seller will be deemed to have declined to eliminate or modify such Unacceptable Condition(s). If Seller does not opt to eliminate or modify such condition, Purchaser may (i) waive such Unacceptable Condition(s) and proceed to Closing; (ii) terminate this Agreement (subject to Section 17); or attempt to resolve the Unacceptable Condition(s) at Purchaser’s sole cost and expense, with Seller’s cooperation provided Seller shall not be required to incur any costs.
Review of Title and Survey. Purchaser shall have until ten (10) days after receipt of the last of the Title Commitment, Exception Documents, and Survey in which to notify Seller in writing (the "Title Objection Notice") of any objections Purchaser has to any matters shown or referred to in the Title Commitment, the Exception Documents or on the Survey; provided, that Purchaser shall not object to current real estate taxes and assessments or to easements, restrictions and exceptions affecting the Property which do not adversely affect the value of the Property or its current use by Seller, all of which shall be Permitted Exceptions hereunder. Any title encumbrances, exceptions or other matters which are set forth in the Title Commitment, the Exception Documents or on the Survey, and to which Purchaser does not object within the aforementioned five (5) business day period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions").
Review of Title and Survey. Purchaser shall have until ten (10) days after receipt of the last of the Title Commitment, Exception Documents, and Survey in which to notify Seller in writing (the "Title Objection Notice") of any objections Purchaser has to any matters shown or referred to in the Title Commitment, the Exception Documents or the Survey; provided, that Purchaser shall not object to current real estate taxes and assessments, all of which shall be Permitted Exceptions hereunder. Any title encumbrances, exceptions or other matters which are set forth in the Title Commitment, the Exception Documents or on the Survey, and to which Purchaser does not object within the aforementioned ten (10) day period, shall be deemed to be permitted exceptions to the status of Seller's title (such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the "Permitted Exceptions").
