Survey Matters Sample Clauses

Survey Matters. Prior to execution of this Agreement, the ShoLodge Parties have arranged for the preparation of an ALTA survey with respect to each of the Properties (the "Surveys") by a licensed surveyor in the jurisdiction in which each such Property is located, which (i) contains an accurate legal description of the applicable Property, (ii) shows the exact location, dimension and description (including applicable recording information) of all utilities, easements, encroachments and other physical matters affecting such Property, the number of striped parking spaces located thereon and all applicable building set-back lines, (iii) states whether the applicable Property is located within a 100-year flood plain and (iv) includes a certification in the form set forth in Schedule C, or such other form as may be acceptable to the Purchaser, addressed to the Purchaser, the Title Company and any other persons requested by the Purchaser or designated by the ShoLodge Parties. Within ten (10) Business Days after receipt of the Surveys, the Purchaser shall give the ShoLodge Parties notice of any matters shown thereon (other than Permitted Encumbrances) which adversely affect any such Property in any material respect and as to which the Purchaser reasonably objects. If, for any reason, the ShoLodge Parties are unwilling or unable to take such actions as may be required to remedy the objectionable matters, the ShoLodge Parties shall give the Purchaser prompt notice thereof; it being understood and agreed that the failure of the ShoLodge Parties to give such notice within ten (10) Business Days after the Purchaser's notice of objection shall be deemed an election by the ShoLodge Parties to remedy such matters. If the ShoLodge Parties shall be unwilling or unable to remove any survey defect to which the Purchaser has reasonably objected, the Purchaser may elect (i) to terminate this Agreement with respect to the affected Property, in which event, the Purchase Price shall be reduced by the Allocable Purchase Price of the affected Properties and this Agreement shall terminate and be of no further force or effect with respect to the affected Properties or (ii) to consummate the transactions contemplated hereby, notwithstanding such defect, without any abatement or reduction in the Purchase Price on account thereof. The Purchaser shall make any such election by written notice to the ShoLodge Parties given on or prior to the fifth Business Day after the ShoLodge Parties' notice of their i...
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Survey Matters. Any Survey required by Lender during the period of construction shows any matter which in Lender’s reasonable judgment would interfere with the Construction of the Improvements or the operation or use of the Property, and such matter is not removed within a period of thirty (30) days after Notice thereof by Lender to Borrower.
Survey Matters. Any Survey required by the Lenders during the period of construction shows any matters not approved by the Administrative Agent and such matters not approved are not removed within 30 days after Notice thereof by the Administrative Agent to the Borrowers unless the Borrower excludes the affected Eligible Project from the Borrowing Base.
Survey Matters. All matters that would be revealed or disclosed in an accurate survey or inspection of the Property.
Survey Matters. Buyer has ordered an ALTA/ACSM survey of the Real Property or an update of the ALTA/ACSM survey (if any) of the Real Property provided to Buyer by Seller as part of the Property Related Documents (in either case, the “Survey”) from a surveyor acceptable to Buyer, the cost of which shall be paid by Buyer. Upon completion of the Survey, Buyer will instruct the surveyor to promptly deliver a copy of the Survey to Seller and to Escrow Holder so that Escrow Holder may issue and deliver to Seller and Buyer as soon as practicable a supplemental preliminary title commitment (the “Supplemental ALTA Commitment”) which includes such additional exceptions as may be disclosed by the Survey (the “Survey Exceptions”). Not later than 5:00 p.m. EST on the fourth (4th) business day after Buyer’s receipt of the Supplemental ALTA Commitment or the tenth (10th) business day after the Effective Date, whichever occurs first, Buyer may provide Seller with written notice of any Survey Exceptions which Buyer disapproves. If Buyer gives Seller written notice of Buyer’s disapproval of any Survey Exceptions, Seller shall have until 5:00 p.m. EST on the second (2nd) business day after Seller’s receipt of Buyer’s written notice (of disapproval) to notify Buyer, in Seller’s sole discretion, (a) that Seller will remove such disapproved Survey Exceptions at Seller’s expense prior to the Closing or (b) that Seller will not remove such disapproved Survey Exceptions (and Seller’s failure to do either (a) or (b) shall be conclusively deemed to constitute Seller’s election not to remove any Survey Exceptions disapproved by Buyer). If Seller elects not to remove any disapproved Survey Exceptions, whether by giving notice thereof or failing to give notice, then Buyer shall have until 5:00 p.m. EST on the fourth (4th) business day after Seller’s receipt of the aforesaid written notice of disapproval from Buyer to either (a) terminate this Agreement by written notice to Seller or (b) accept title subject to the disapproved Survey Exceptions. If Buyer gives Seller such written notice of termination prior to such time, then this Agreement shall thereupon terminate without further action by the parties. If by such time Buyer fails to give Seller written notice of Buyer’s acceptance of the disapproved Survey Exceptions or Buyer’ election to terminate this Agreement, such failure shall be conclusively deemed to constitute Buyer’s election not to terminate this Agreement pursuant to this Section 4.3. Any...
Survey MattersBuyer shall have until the date Buyer's Title Notice is due under Paragraph 8(a)(ii) of this Agreement to review and approve or disapprove of any survey of the Property delivered by Seller to Buyer as part of the Property Files, and any such objections shall be treated in the same manner as objections to matters shown on the Title Commitment as set forth in Paragraph 8(a)(ii)-(v) of this Agreement. With regard to the Survey obtained by Buyer in accordance with the provisions of Paragraph 11 of this Agreement, Buyer shall have until the earlier of (A) five (5) business days after its receipt of the Survey or (B) the Contingency Expiration Date to deliver an additional Buyer's Title Notice with respect to any new item not shown on either the Title Commitment or any existing survey delivered to Buyer as part of the Property Files. The provisions of Paragraph 8(a) of this Agreement, including, without limitation, the timing and effect of any notices to be delivered and the effect of any failure to deliver same, shall govern with respect to any such additional Buyer's Title Notice.
Survey Matters. 27 5.4. Environmental and Engineering Reports.................................................28 5.5. Conduct of the Business of the Acquired Companies Pending the Closing Date............28 5.6. Conversion of Certain Acquired Companies..............................................30 5.7. Cooperation...........................................................................31 5.8. Dividends; Distributions..............................................................32 5.9. No Solicitation of Other Offers.......................................................32 5.10.
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Survey Matters. 11 SECTION 3.
Survey Matters. 76 SECTION 9.15
Survey Matters. The sale of the Property shall be subject to the state of facts disclosed by a current Survey of the Land obtained by Purchaser, provided such state of facts does not, in Purchaser's reasonable judgment, materially interfere (a) with the current use, or the use contemplated by Purchaser as disclosed to Seller, of any portion of the Land or the Improvements, (b) the performance of any covenant, obligation, representation or warranty of the owner of the Property under any Space Lease or any Permitted Title Exceptions, (c) with the maintenance and operation of the Improvements or the continued use thereof for the same purposes as presently used, (d) with the meeting of the normal requirements of a mortgage lender, or (e) with Purchaser's obtaining title insurance (including insurance of marketability) satisfactory to Purchaser.
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