Survey Objections Clause Samples

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Survey Objections. Buyer shall have the right to obtain a new survey or an update of any survey provided by Seller (the “Survey”) at its sole cost and expense. Promptly upon receipt of the Survey, Buyer, at its sole cost and expense, shall deliver a copy to Seller and to Escrow Agent. No later than the fifth (5th) day prior to the expiration of the Due Diligence Period, Buyer shall have the right to notify Seller, in writing, of any matters disclosed on the Survey that are not Permitted Exceptions and that affect Buyer’s title to the Property. Buyer’s failure to obtain the Survey or disapprove any matters disclosed by the Survey on or before such time shall constitute Buyer’s approval of the matters disclosed by the Survey or matters that would have been disclosed had Buyer obtained a Survey. All such matters which are timely objected to by Buyer shall be herein collectively called the “Survey Objections”. Seller, in its sole and absolute discretion, may no later than the day prior to the expiration of the Due Diligence Period (the “Survey Cure Period”), elect to remove or cause to be removed, or insured over, at its expense, any Survey Objections, and shall be entitled to a reasonable adjournment of the Closing for the purpose of such removal, which removal will be deemed effected by, among other things, the issuance of title insurance reasonably acceptable to Buyer eliminating or insuring against the effect of the Survey Objections. Seller shall notify Buyer in writing of such election within the Survey Cure Period. If Seller is unable to cure or endorse over any Survey Objections prior to the expiration of the Survey Cure Period, or if Seller elects not to remove one or more Survey Objections, Buyer may elect, as its sole and exclusive remedy therefore, to either (a) terminate this Agreement by giving written notice to Seller and Escrow Agent on or before the end of the Due Diligence Period and, thereafter, the parties shall have no further rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement, or (b) waive, in writing, such Survey Objections, in which event the Closing shall occur as herein provided without any reduction of or credit against the Purchase Price. If before the end of the Due Diligence Period, Buyer elects to proceed with the transaction contemplated herein, then Buyer shall be deemed to have elected to waive those Survey Objections Seller elected not to cure and its right to terminate this Ag...
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Survey Objections. If the Survey shows any encroachment on the Land, or that any improvement located on the Land encroaches on the land of others, or if the Survey shows any other defect which would affect the marketability of title to the Property, or material deviation from the boundaries as described in the deed by which Seller acquired title, and such defect is unacceptable to Buyer, Buyer must notify Seller of such defect within the time Buyer must give notice of title defects pursuant to Paragraph 5, and such encroachment or defect shall be treated in the same manner as title defects are treated under this agreement. Buyer shall be deemed to have waived any survey defects unless Buyer gives notice of such defects to Seller as provided in this Section, and such defects shall be included in the Permitted Exceptions.
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Survey Objections. Any matters of survey arising in the Survey which may materially and adversely affect Developer’s intended purpose for the Timeshare Property, as determined by Developer in its reasonable discretion, and to which Developer objects pursuant to the provisions of this Agreement.
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Survey Objections. Provided that ▇▇▇▇▇▇ delivers objections to the Survey by the deadline provided in Paragraph A.1, Buyer shall notify Seller of Buyer’s objections to the Survey (“Survey Objections”). Buyer will be deemed to have approved all matters reflected by the Survey to which ▇▇▇▇▇ has made no Survey Objection by the Survey Objection Deadline. The standard taxes and assessments for the year in which the Closing occurs and subsequent years, such state of facts which would be shown by a current survey of the Property and not timely objected to by Buyer pursuant to this Agreement, approved by Buyer or not timely objected to by Buyer pursuant to this Contract. If Buyer properly notifies Seller of any Survey Objections prior to the deadline for doing so, Seller shall have fifteen (15) days from receipt of ▇▇▇▇▇'s notice to notify Buyer whether Seller agrees to cure any such Survey Objections before closing (“Cure Notice”). Notwithstanding anything to the contrary contained herein, Seller shall have no obligation to bring any action or proceeding or otherwise to incur any expense whatsoever to eliminate or modify Buyer’s Survey Objections, other than to remove any monetary liens, security interests and claims of liens or security interests (other than the lien for non-delinquent taxes that are arising by, through or at the direction of Seller) (“Seller Cure Items”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure any or all of the Survey Objections before closing, Buyer may, as its sole and exclusive remedies, within five
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Survey Objections. Purchaser acknowledges that it has received and reviewed the Survey, and, in a letter dated September 15, 2005, Purchaser notified Seller of any items therein which are unacceptable to Purchaser (“Survey Objections”). Seller has agreed to cure all such Survey Objections prior to Closing. Seller may cure any Survey Objection by causing the Title Company, at Seller’s cost and expense, to omit such Survey Objection from the Title Policy or to “insure over” such Survey Objection. If Seller fails to cure such Survey Objections at or before Closing, then Purchaser may as its sole remedy either (i) accept title to the Property subject to such Survey Objections or (ii) terminate this Agreement by written notice to Seller, whereupon the E▇▇▇▇▇▇ Money shall be promptly returned to Purchaser and the parties shall have no further rights or liabilities under this Agreement except with respect to those provisions that specifically provide that they survive the termination of this Agreement. Subject to the provisions of Section 3.06, any restrictions, liens, encumbrances, easements, rights of way and other matters shown on the Survey which are waived or are not objected to by Purchaser in the manner provided in this Section shall be deemed “Permitted Exceptions”.
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Survey Objections. Buyer shall have ten (10) days prior to the expiration of the Inspection Period to send written notice of any objections that Buyer may have in regard to the Survey.
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Related to Survey Objections

  • 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.

  • Response to Objections Each Party retains the right to respond to any objection raised by a Participating Class Member, including the right to file responsive documents in Court no later than five court days prior to the Final Approval Hearing, or as otherwise ordered or accepted by the Court.

  • Objections Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (9) above; or which prohibit the following use or activity: . Buyer must object the earlier of (i) the Closing Date or (ii) days after ▇▇▇▇▇ receives the Commitment, Exception Documents, and the survey. Buyer’s failure to object within the time allowed will constitute a waiver of Buyer’s right to object; except that the requirements in Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to incur any expense, Seller shall cure any timely objections of Buyer or any third party lender within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be extended as necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the ▇▇▇▇▇▇▇ money will be refunded to Buyer; or (ii) waive the objections. If Buyer does not terminate within the time required, Buyer shall be deemed to have waived the objections. If the Commitment or Survey is revised or any new Exception Document(s) is delivered, Buyer may object to any new matter revealed in the revised Commitment or Survey or new Exception Document(s) within the same time stated in this paragraph to make objections beginning when the revised Commitment, Survey, or Exception Document(s) is delivered to Buyer.

  • Title Report Seller has delivered to Buyer a copy of a preliminary title report ("PRELIMINARY TITLE REPORT") order number 01014685 dated August 9, 1996 covering the Property from Central Valley Title Company, as agent for S▇▇▇▇▇▇ Title Guaranty Company (which company, in its capacity as title insurer hereunder, is herein called the "TITLE COMPANY"). In addition, Seller has delivered to Buyer a copy of a survey of the Property dated March 26, 1996, prepared by Siegfried Engineering, which survey shall be certified to Buyer ("SURVEY"). Buyer has approved the exceptions to title shown on the Preliminary Title Report and the matters disclosed on the Survey. Approval by Buyer of any additional exceptions to title or survey matters disclosed after the date hereof shall be a condition precedent to Buyer's obligation to purchase the Property (Buyer hereby agreeing that its approval of such matters shall not be unreasonably withheld). Unless Buyer gives written notice that it disapproves any such additional exceptions to title or survey matters, stating the exceptions so disapproved, on or before the sooner to occur of 10 days after receipt of written notice thereof or the Closing Date, Buyer shall be deemed to have approved said exceptions or survey matters. If, for any reason, on or before the Closing Date Seller does not cause such exceptions to title or survey matters which Buyer disapproves (to the extent Buyer is permitted hereunder to so disapprove) to be removed at no cost or expense to Buyer (Seller having the right but not the obligation to do so), the obligation of Seller to sell, and Buyer to buy, the Property as herein provided shall terminate in accordance with paragraph 9 hereof. Notwithstanding anything to the contrary contained in this Agreement, Seller shall be obligated to remove (or cause the Title Company to affirmatively insure over) at Seller's expense: (i) any deeds of trust securing any financing obtained by Seller (other than Bond Documents), (ii) any mechanic's or materialmen's liens for work done by or on behalf of Seller, and (iii) any tax or judgment liens against Seller. Buyer shall have the option to waive the condition precedent set forth in this paragraph 4A(1) by notice to Seller. In the event of such waiver, such condition shall be deemed satisfied.

  • Title Exceptions To the best of Borrower’s knowledge after due inquiry and investigation, none of the items shown in the schedule of exceptions to coverage in the title policy issued to and accepted by Lender contemporaneously with the execution of this Loan Agreement and insuring Lender’s interest in the Mortgaged Property will have a Material Adverse Effect on the (a) ability of Borrower to pay the Loan in full, (b) ability of Borrower to use all or any part of the Mortgaged Property in the manner in which the Mortgaged Property is being used on the Closing Date, except as set forth in Section 6.03, (c) operation of the Mortgaged Property, or (d) value of the Mortgaged Property.