Survey and Title Commitment. If HPOPS requests, the City will provide a survey of the Property (the “Survey”). HPOPS may, if it desires, at its cost, obtain a Commitment for Title Insurance for the Property (the “Title Commitment”) from a title insurance company acceptable to HPOPS. If HPOPS obtains a Survey and/or a Title Commitment, HPOPS shall have until five business days after receipt of the last to be received of the Survey or Title Commitment to specify to the City those items affecting the Property that would materially interfere with HPOPS’s use of the Property (the “Encumbrances”). Items shown in the Title Commitment or Survey and not objected to by HPOPS shall be deemed items that HPOPS will accept title subject to (the “Permitted Encumbrances”). The City will use its best efforts to remove all Encumbrances and Closing may, at HPOPS’s option, be delayed to allow the City to cure or remove the Encumbrances. If the City fails or is unwilling to cause all of the Encumbrances to be removed or cured by the Closing Date, or if the Title Commitment or Survey indicates that the City does not own indefeasible fee simple title to the Property, HPOPS shall have the following rights, as its sole and exclusive remedies: HPOPS may terminate this Sub-Agreement by giving the City written notice thereof, and neither party shall have any further rights, duties, or obligations under the Sub-Agreement, whereupon the City will not be entitled to a deferral of its contributions for fiscal year 2012 or fiscal year 2013; or HPOPS may elect to waive the Encumbrances not so removed or cured and close the transaction contemplated by this Sub-Agreement without any reduction in the Shortfall Debt (or any Additional Amount) in accordance with the remaining terms and provisions, whereupon the Encumbrances not so removed or cured shall become Permitted Encumbrances, to be treated in the manner provided herein for Permitted Encumbrances. The City affirmatively represents that the Property has no material encumbrances. CONDITIONS PRECEDENT HPOPS’s obligations to perform under this Sub-Agreement and to close the transaction contemplated by this Sub-Agreement are expressly subject to the following:
Survey and Title Commitment. (a) BKP has ordered from the Title Company a commitment to insure BKP’s title to the Real Property, in the amount of the Cash Consideration (the “Title Commitment”), together with the best available copies of all documents relating to the title exceptions referred to therein. BKP acknowledges that Contributor has delivered the Survey to BKP. BKP may, at its cost, cause the Survey to be updated or obtain a new survey by the surveyor of its choice (each, an “Updated Survey”), and Contributor shall cooperate in such efforts consistent with its obligations set forth in Section 5.1 above.
Survey and Title Commitment. Assignor shall deliver to Assignee within seven (7) business days from the date hereof, a current ALTA plat of survey of the Property dated no earlier than six months prior to the Contract Date, certified to Assignee and the Title Insurer and meeting the minimum standard detail requirements of ALTA/ACSM adopted in 1992 as well as a commitment for an ALTA Owner's Title Insurance Policy Form B-June, 1987 from the Title Insurer with respect to the Property, dated after the Contract Date. Assignor shall consult with and obtain written approval from Assignee, which approval shall not be unreasonably withheld, of any notice or determination required to be given or made to Contract Seller with regard to objections to title or survey matters under the Sales Contract. Assignee shall approve or disapprove all matters of title and survey within the Review Period. All costs of the survey that exceed those provided for in the Sales Contract shall be paid by Assignor and all costs of the title commitment and policy that exceed those provided for in the Sales Contract shall be paid by Assignee.
Survey and Title Commitment. The Cytec Parties have heretofore delivered to Purchaser (i) a true and correct copy of a land survey prepared by Xxxxxxxxxxx-Xxxxxxx, Inc. dated December 20, 1996, with respect to the Santa Xxxx Facility (the "Survey") and (ii) a true and correct copy of a current owner's ALTA title policy commitment prepared by Lawyer's Title Insurance Corporation dated October [27], 1996 (the "Title Commitment").
Survey and Title Commitment. PERMITTED EXCEPTIONS
Survey and Title Commitment. Purchaser has ordered from the Title Company a commitment to insure Purchaser’s title to the Real Property, in the amount of the Purchase Price (the “Title Commitment”), together with the best available copies of all documents relating to the title exceptions referred to therein. Purchaser acknowledges that Seller has delivered the Survey to Purchaser. Purchaser may, at its cost, cause the Survey to be updated or obtain a new survey by the surveyor of its choice (each, an “Updated Survey”), and Seller shall cooperate in such efforts consistent with its obligations set forth in Section 5.1 above.
Survey and Title Commitment. Each of Contributor and the Partnership has ordered a title commitment to insure the Partnership’s title to the Real Property, in the amount of Four Hundred Sixty-Five Million and No/100 Dollars ($465,000,000.00), issued by Xxxxxxx Title Guaranty Company on February 20, 2014 (the “Title Commitment”), together with the best available copies of all documents relating to the title exceptions referred to therein. The Partnership acknowledges that Contributor has delivered the Survey to the Partnership. The Partnership may, at its cost, cause the Survey to be updated or obtain a new survey by the surveyor of its choice (each, an “Updated Survey”), and Contributor shall cooperate in such efforts consistent with its obligations set forth in Section 5.1 above.
Survey and Title Commitment. (a) Seller has obtained and delivered to Buyer a survey of the Cortland Real Estate (the "Survey") dated July 16, 1999, prepared by a registered surveyor licensed in the State of New York. Seller makes no representation or warranty regarding the accuracy or completeness of the Survey or Buyer's reliance on the Survey.
(b) Seller has obtained and delivered to Buyer a commitment for a lender's policy of title insurance dated June 4, 1999 and issued by Cortland Abstract & Title Services, Inc. (the "Title Company") concerning the Cortland Real Estate (the "Commitment"). Seller makes no representation or warranty regarding the accuracy or completeness of the Commitment or Buyer's reliance on the Commitment.
Survey and Title Commitment. As soon as reasonably possible after the execution of this Agreement, Seller will provide the Survey (as defined in Section 10.9) and the title insurance commitment (referred to in Section 10.10), at Seller's expense.
Survey and Title Commitment. The Purchaser may obtain a survey of the Property at any time prior to the Closing at the expense of Purchaser. At Purchaser’s request at any time prior to the Closing, Seller shall cooperate in connection with Purchaser’s efforts to obtain, at Purchaser’s cost (subject to the provisions of Section 14 hereof), a commitment (the “Title Commitment”) for issuance of an ALTA Form 1992 Owner’s Policy of Title Insurance in the amount of the Purchase Price issued by a title insurance company acceptable to Purchaser (the “Title Company”), which policy would insure Purchaser as owner of fee simple title to the Property, subject only to the Permitted Exceptions (as defined below) and to any liens or encumbrances placed on the Property by Purchaser or otherwise in connection with its financing of the Purchase Price (the “Title Policy”).
