Survey Deficiencies Sample Clauses

The Survey Deficiencies clause defines the process for identifying and addressing issues or discrepancies found during a property survey. Typically, this clause outlines the types of survey problems that may be raised, such as boundary encroachments or easement violations, and sets forth the procedures for notifying the other party and resolving these issues, which may include requiring corrective action or allowing for contract termination. Its core function is to allocate responsibility for survey-related problems and provide a clear mechanism for resolving them, thereby reducing uncertainty and potential disputes between the parties.
Survey Deficiencies. Except as set forth in the Disclosure Schedules, there are no deficiencies described in any survey of the Facility conducted by any state or federal governmental authority that has not been corrected or otherwise remedied.
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Survey Deficiencies. (a) If at any time during the term of this Agreement, two (2) or more Health Care Facilities that are reimbursed pursuant to the Inpatient Prospective Payment System or that qualify for reimbursement under the LTCH PPS have any outstanding survey that has resulted in the imposition by CMS or the applicable state survey agency or accrediting organization of sanctions, deficiencies or requirements for improvement, as applicable, that require remediation and submission of a plan of correction, or that result in Medicare or Medicaid program termination, denial of accreditation, or denial or delay of payment in excess of ninety (90) from the date of submission of claims for payment, or (b) If at any time during the term of this Agreement, any Health Care Facility that is a skilled nursing facility has outstanding Medicare or Medicaid survey deficiencies that have resulted in the imposition by CMS or the applicable state survey agency of sanctions in the form of program termination, temporary management, or denial or delay of payment in excess of 90 days from the date of submission of claims for payment;
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Survey Deficiencies. Tenant and each Subtenant, as applicable, shall diligently pursue correction of all survey deficiencies and violations identified by CMS or the applicable state survey agency.
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Survey Deficiencies. Sublessor shall indemnify, save harmless and defend Sublessees from and against all liabilities, obligations, claims, damages, penalties, costs and expenses (including, without limitation, defense costs, costs of corrective action and civil monetary penalties) arising from or relating to any survey deficiencies cited as immediate jeopardy which relate to the roof at either Facility and which occur during the period from the Commencement Date through December 31, 2015.
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Survey Deficiencies. Operator shall at its sole and exclusive cost and expense be liable and responsible for the correction of all violations cited in any survey (“Survey”) which occurs prior to the Transfer Date, which liability and responsibility expressly excludes performing any material or significant repairs or construction to correct any life-safety or plant operations violations, as detailed in the Statement of Deficiencies or similar document, if any, accompanying said Survey. Operator shall be responsible for all proposed or imposed remedies, including, but not limited to, any fines or penalties, that result exclusively from all such violations, including life- safety violations. In addition, Operator shall be responsible for all fines and penalties imposed in any Survey performed post-Closing which fines and penalties relate directly and exclusively to an event that occurred prior to Closing.. New Operator shall be responsible for any corrective actions identified in any post-Closing Survey. Copies of any such Statement of Deficiencies, Plans of Correction and confirmation of Plans of Correction which have been received by the Effective Date are attached hereto as Schedule 12. Those received after the Effective Date shall be provided promptly by Operator to New Operator. In addition to any other reasons permitted by this Transfer Agreement, the Transfer Date may be delayed for a life-safety violation which may only be corrected by construction or repairs costing more than $50,000. No such delay by New Operator shall be deemed to impose any additional responsibility or liability on Operator.
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Survey Deficiencies. To the knowledge of the SMS Parties, as of the date hereof, the Diversicare Parties have been notified or otherwise provided information concerning all current, uncorrected survey deficiencies at the Facilities.
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Survey Deficiencies. Any Healthcare Facility has outstanding Medicare or Medicaid survey deficiencies at Level G, H, I, J, K, L or worse that (i) have been outstanding for a period longer than six (6) months after receipt of notice by any Credit Party from Lender, any Governmental Authority or any Operator, or (ii) have resulted in denial of payment for new admissions for a period of six (6) months or more after receipt of notice by any Credit Party from Lender, any Governmental Authority or any Operator as a result of Medicare or Medicaid survey deficiencies or state monitoring, or (iii) have resulted in the imposition by CMS or the applicable state survey agency of sanctions in the form of a program termination or temporary management; 99305209_1
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Related to Survey Deficiencies

  • Deficiencies a. The Contractor agrees to cure transactions errors or deficiencies identified by DHCS, and transactions errors or deficiencies identified by an enrolled provider if the Contractor is acting as a clearinghouse for that provider. If the Contractor is a clearinghouse, the Contractor agrees to properly communicate deficiencies and other pertinent information regarding electronic transactions to enrolled providers for which they provide clearinghouse services.

  • Survey Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey shall be paid by the Buyer. Not later than business days prior to the Closing, Buyer shall notify Seller of any Survey Problems which shall be deemed to be a defect in the title to the Property. Seller shall be required to remedy such defects within If Seller does not or cannot remedy any such defect(s), Buyer shall have the option of canceling this Agreement, in which case the ▇▇▇▇▇▇▇ Money shall be returned to Buyer.

  • Title Matters Seller agrees to share equally with Buyer the closing costs and the cost of a title insurance company's commitment for and policy of title insurance. Buyer shall pay for any lender’s/mortgagee’s/instrument holder’s title insurance coverage. The title insurance company will furnish a copy of the commitment for title insurance and copies of all of the exception documents referred to therein (hereafter collectively referred to as the “Title Commitment”) to Seller, Buyer, Buyer’s lender and the listing/selling broker as promptly as possible. The Title Commitment shall show a merchantable title vested in Seller, subject to easements, restrictions and protective covenants of record, right-of-way’s, setbacks, tenant rights, trees, fences, ordinances and regulations, unmatured and future assessments, restrictions and protective covenants of record, provided no forfeiture provisions as contained therein, encroachments and overlaps, zoning laws, ordinances and regulations, those exceptions which are standard to a policy of title insurance in the State of Kansas or as specified herein, and those matters attaching to the title by reason of Buyer taking title to the real property. Buyer shall have a period of five (5) days following receipt of the Title Commitment (the “Objection Period”) in which to examine the Title Commitment and advise Seller in writing of any objections ("Title Objections") the Buyer may have to Seller's title as shown in the Title Commitment. Seller shall then have a period of five (5) days in which to notify Buyer in writing of those Title Objections it elects to cure. In the event Seller elects to cure less than all of the Title Objections, Buyer shall have the right to terminate this Agreement by giving Seller written notice thereof within five (5) days of its receipt of Seller's notice, in which case the ▇▇▇▇▇▇▇ Money shall be returned to Buyer, and thereafter neither party shall have any further obligation hereunder. In the event Buyer does not terminate this Agreement, Seller shall have until Closing ("Cure Period") in which to cure the Title Objections the Seller has elected to cure, which the Buyer Agrees to extend for an additional 45 days in the event Seller has initiated a lawsuit to cure the title objection or objections. Title Objections may also be cured in accordance with applicable current titled standards in the Kansas Title Standards Handbook.

  • Adverse Weather Shall be only weather that satisfies all of the following conditions: (1) unusually severe precipitation, sleet, snow, hail, or extreme temperature or air conditions in excess of the norm for the location and time of year it occurred based on the closest weather station data averaged over the past five years, (2) that is unanticipated and would cause unsafe work conditions and/or is unsuitable for scheduled work that should not be performed during inclement weather (i.e., exterior finishes), and (3) at the Project.

  • Title Objections In the event Buyer’s Title Binder, as updated to closing, or Buyer’s Survey identifies any title exceptions or defects in title of which Buyer does not approve or which render title unmarketable or which unreasonably interferes with Buyer’s intended use of the Property (“Title Objections”), Buyer shall notify Seller (the “Title Report Objection Notice”) and Seller shall elect by written notice to Buyer (“Seller’s Disposition Notice”) within five (5) business days of a Title Report Objection Notice whether to correct such defects prior to Closing. If Seller fails to deliver the Seller’s Disposition Notice to Buyer within five (5) business days of receipt a Title Report Objection Notice, Seller shall be deemed to have objected affirmatively to all matters set forth in the Title Report Objection Notice and the same shall constitute Seller’s refusal to correct, on or before the date of Closing, all title matters to which Buyer objected in the Title Report Objection Notice, subject to Seller’s obligation to cure certain exceptions pursuant to this Section 6.2. In the event Seller cannot correct such defects by Closing or chooses not to correct such defects subject to Seller’s obligation to cure certain exceptions pursuant to this Section 6.2, then Buyer may accept title as is without abatement or reduction of Purchase Price or Buyer may cancel this Agreement upon notice to Seller and receive a full refund of the Deposit. Upon delivery of Buyer’s notice canceling this Agreement, this Agreement shall thereupon be deemed canceled and become void and of no further effect, and neither party shall have any obligations of any nature to the other hereunder or by reason hereof, except for those provisions herein which by their terms expressly survive. Seller shall not be required to take or bring any action or proceeding or any other steps to remove any defect in or objection to title or to fulfill any condition or to expend any moneys therefor, nor shall Buyer have any right of action against Seller therefor, at law or in equity, provided, however, that, notwithstanding anything to the contrary contained herein, Seller shall remove or cause to be removed of record (i) the lien of any mortgage, security agreement, financing statement or any other instrument which evidences or secures indebtedness and affects the Property and (ii) any other liens or encumbrances against the Property, including without limitation mechanics liens, which were not caused by the acts or omissions of Buyer, its agents, contractors or representatives and which can be cured by the payment of money in liquidated amounts.