Seller’s Obligation to Cure. Seller shall have the obligation to cure prior to the Closing Date or make arrangements to cure after the Closing Date all Unsatisfactory Exceptions that (i) can be cured without paying money to third parties, (ii) are Liens or (iii) will materially restrict or prevent the use of the Real Property at issue in the operation of the System. Nothing in this Section 6.03 shall be deemed to restrict or modify the Parties' respective obligations after the Closing Date with respect to Real Property or Occupancy Agreements. Any matter disclosed by the Title Evidence or Boundary Evidence to which Purchaser fails to timely object or with respect to which Seller has no obligation to cure pursuant to this Section 6.03(b) shall be deemed a "Permitted Real Property Encumbrance."
Seller’s Obligation to Cure. Notwithstanding anything contained in Section 6.04 or Section 6.06, to the contrary, but subject to the provisions of this Section 6.07, Seller shall be required to remove as Objections, by payment, bonding or otherwise, any Objections or Update Objections which are placed on the Property by Seller from and after the date of this Agreement and which can be removed by the payment of a liquidated sum of money, provided that, as to any such Objections or Update Objections that are involuntarily placed on the Property, in no event shall Seller be obligated to expend amounts in excess of $50,000 in the aggregate pursuant to the provisions of this sentence to remove such involuntarily placed matters. There shall be no spending limit, as aforesaid, on liens which constitute Objections or Update Objections hereunder and which are voluntarily placed on the Property by Seller after the date of this Agreement.
Seller’s Obligation to Cure. Seller shall have the obligation to cure at any time during the Interim Period and for one (1) year following each Closing (the “Cure Period”), any actual or alleged corporate or contractual breach, default or defect; or item of governmental noncompliance relating to any Company Group entity or the assets of any Company Group entity of which it has been advised by Buyer (a “Defect”). During the period of time from each Closing to the expiration of the applicable Cure Period, the Parties agree to reasonably cooperate with each other, including by giving the other Party reasonable access to all records in such Party’s possession or control to the extent necessary or convenient to facilitate Seller’s attempt to cure any such Defects. With respect to each alleged Defect that is not reasonably cured on or before the Applicable Closing Date and which Buyer agrees to attempt to cure during the Cure Period, Seller shall use reasonable efforts to cure all identified Defects and maintain accurate books and records of all costs and actions taken to cure such Defects.
Seller’s Obligation to Cure. 13 Section 6.08. Manner of Cure of Objections and Update Objections 13 Section 6.09. Certain Items Not Objections or Update Objections 13 ARTICLE 7. Representations. 13 Section 7.01. Seller’s Representations 13 Section 7.02. Seller’s Knowledge 15 Section 7.03. Survival and Breach 16 Section 7.04. Purchaser’s Representations 16 TABLE OF CONTENTS (continued) Page Section 7.05. Purchaser’s Knowledge 17 ARTICLE 8. Condition of the Property; Hazardous Materials. 17 Section 8.01. Property Sold As-Is. 17 Section 8.02. Purchaser’s Inspection of Property. 19 Section 8.03. Purchaser’s Waiver of Certain Environmental Claims 20 Section 8.04. Hazardous Substances and Environmental Laws Defined 21 Section 8.05. Seller Not Liable for Certain Representations 21 Section 8.06. Abandoned Telecommunications Cabling 21 Section 8.07. Survival 22
Seller’s Obligation to Cure. If the Survey or the Commitment, as initially issued or as redated to the Closing Date, shall disclose exceptions other than the Permitted Exceptions, or, if any title or survey matter is otherwise unacceptable to Buyer, Buyer shall notify Seller in writing prior to the expiration of the Investigation Review Period. Seller shall attempt to remove such exceptions or title or survey matters as are susceptible of being removed or to otherwise cure such matters prior to the Closing Date, provided, however that Seller shall not be obligated to expend any funds in connection therewith, except for monetary liens or encumbrances for ascertainable amounts which have been created or assumed by Seller. Title or survey matters shall be considered as removed or cured if Seller secures the agreement of the Title Company to issue the Title Policy to Buyer as herein provided without making exception for the same.
Seller’s Obligation to Cure. Notwithstanding the terms and provisions set forth in Section 2.3 and Section 2.4 above or any other provisions of this Agreement to the contrary, and regardless of whether Purchaser objects to such matters, Seller shall be obligated at Closing, at Seller’s sole expense, (i) to discharge, release and satisfy any deed of trust, security interest, vendor’s lien, or lien existing on the Effective Date or arising after the Effective Date and not created by or resulting from the acts of Purchaser, EXCEPT those pertaining to the Existing Loans, and (ii) fully satisfy all Title Commitment Schedule C requirements of Seller. In no event whatsoever shall any of the items described in this Section 2.5 ever constitute Permitted Exceptions. If Seller fails to remove any such items as of Closing, then Purchaser shall have the right, at Purchaser’s option, to (x) offset the outstanding balance of such items against the Purchase Price, or (y) terminate this Agreement, receive a prompt refund of the Xxxxxxx Money, and/or seek specific performance of this Agreement.
Seller’s Obligation to Cure. Seller, at its cost and expense, shall use commercially reasonable efforts to cure or remove all Encumbrances, including all defects and encroachments revealed by the Survey, prior to Closing in a manner reasonably satisfactory to Purchaser, Purchaser's lender or the Title Company. If Purchaser does not deliver to Seller a Title Commitment or other written notice specifying those items which are Permitted Encumbrances and Encumbrances within the Objection Period, then all of the items reflected on the Title Commitment and any overlaps, encroachments, easements or encumbrances shown on the Survey shall be considered to be Permitted Liens and Encumbrances.
