Title and Survey Approval Sample Clauses

Title and Survey Approval. If Purchaser has an objection to items disclosed in the Title Commitment, the Survey or the UCC Search, Purchaser shall have ten (10) days (the “Objection Period”) after receipt of the Title Commitment, the Survey and the UCC Search, whichever is later received, to make written objections (the “Objections”) to Seller. If Purchaser makes any Objections, Seller may, but shall not be obligated to, cure such Objections. Seller will have a period of ten (10) days after receipt of Purchaser’s Objections (“Seller’s Cure Period”) within which to either cure Purchaser’s Objections or to notify Purchaser in writing as to which Objections Seller will cure, if any, prior to Closing and which Objections Seller will not undertake to cure. Unless Seller elects to cure all of Purchaser’s Objections, Seller’s Cure Period will be deemed to be automatically extended until five (5) days after Purchaser’s receipt of Seller’s written notification as to which of Purchaser’s Objections Seller will not cure. It is expressly understood and agreed that Seller shall have no obligation to expend any money or institute any litigation in curing any of Purchaser’s Objections except for voluntary liens set forth on Schedule C to the Title Commitment which Seller is obligated to cure and cause to be released prior to Closing whether or not such liens are included in Purchaser’s Objections. If the Objections (other than Objections which Seller has agreed in writing to cure prior to Closing) are not cured or satisfied prior to the end of Seller’s Cure Period, Purchaser may, (a) terminate this Contract by written notice delivered to Seller not later than two (2) business days after the expiration of Seller’s Cure Period, whereupon all of the Xxxxxxx Money shall be refunded to Purchaser, except for $100.00 which shall be paid to Seller as independent consideration for this Contract, and neither party shall have any further rights or obligations hereunder (except as specifically herein provided), or (b) waive the unsatisfied Objections. Seller shall be required to complete the cure prior to Closing of any Objections which Seller has agreed in writing to cure. If Purchaser fails to terminate this Contract prior to the expiration of Seller’s Cure Period as set forth above, Purchaser shall be deemed to have waived all Objections which have not been cured (other than Objections which Seller has agreed in writing to cure prior to Closing). Any items to which Purchaser does not object in writing with...
Sample 1
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Title and Survey Approval. If Buyer has an objection to items disclosed in the Commitment or the survey, Buyer shall 93 make written objections to Seller within N/A days after receipt of both the Commitment and survey. Upon the expiration 94 of such period, any item not objected to by Buyer or subsequently approved by Xxxxx in writing shall be deemed a 95 permitted exception ("Permitted Exception"). If Buyer makes objections, Seller shall have thirty (30) days from the date 96 the objections are made to cure the same, and the Closing Date shall be extended, if necessary. Xxxxxx agrees to utilize 97 its best efforts and reasonable diligence to cure any objections, but only to the extent necessary to convey marketable 98 title. If the objections are not satisfied within the time period, Buyer may either terminate this Agreement and receive a 99 refund of the Xxxxxxx Money or waive the unsatisfied objections and close the transaction. 100 4. Inspections: (Check paragraph a. and/or b. or paragraph c. below) Unless Buyer waives inspections under paragraph c., 101 Buyer shall have determined that the Property has no unacceptable, adverse environmental or physical condition as 102 provided below.
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Title and Survey Approval. Seller shall deliver to Buyer within ( ) days after acceptance hereof a Commitment for Title Insur- ance (the “Commitment”) and, at Xxxxx’s request, legible copies of all recorded instru- ments affecting the Property and recited as exceptions in the Commitment. If Buyer has an objection to items disclosed in such Commitment or the survey provided for herein, Buyer shall promptly make written objections to Seller after receipt of each such instru-
Sample 1
Title and Survey Approval. (a) Buyer shall have reasonably approved the condition of title to each Property as provided in this Section 5.1.1.1. As soon as practicable following the Opening of Escrow, Buyer shall order and shall cause to be delivered to Buyer and Seller, at Buyer’s sole cost and expense, a current preliminary title report or title commitment for each Property (each, a “Title Report,” and collectively, the “Title Reports”) prepared by Title Company, together with legible copies of all documents (the “Title Documents”) shown on each Title Report as exceptions affecting title to the applicable Property. Buyer shall take title to each Property subject to (collectively, the “Permitted Exceptions”): (a) all matters described in Section 6.4 and (b) all other items shown on the applicable Title Report, excepting only such other items or matters as Buyer disapproves in writing within the time and in the manner provided in Section 5.2.1 below. Buyer shall be deemed to have approved each Title Report and all such other items or matters referenced therein, unless Buyer has delivered written notice of its disapproval thereof within the time and in the manner provided in Section 5.2.1 below and all such matters so deemed approved shall become additional “Permitted Exceptions” hereunder.
Sample 1
Title and Survey Approval. Seller shall deliver to Buyer within fifteen (15) days after completion of the survey a Commitment for Title Insurance (the "Commitment") and, at Buyer's request, legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. If Buyer has an objection to items disclosed in such Commitment or the survey provided for herein, Buyer shall promptly make written objections to Seller after receipt of each such instrument. If Buyer or third party lender makes such objections or if the objections are disclosed in the Commitment, the survey or by the issuer of the Title Policy, Seller shall have thirty (30) days from the date such objections are disclosed to cure the same, and the Closing Date shall be extended, if necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may either terminate this Agreement or waive the unsatisfied objections and close the transaction.
Sample 1
Title and Survey Approval. Buyer shall obtain, at Seller's expense, a Commitment for Title Insurance (the "Commitment") and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment within 30 days of full execution of the Contract. If Buyer has an objection to items disclosed in such Commitment or the survey provided for herein, Buyer shall make written objections to Seller within fifteen (30) days after receipt of all such instruments and the Survey. Seller shall have fifteen (30) days from the date such objections are disclosed to cure the same. Seller agrees to utilize commercially reasonable efforts to cure such objection, if any. If the objections are not satisfied within such time period, Buyer may (a) terminate this Contract and Escrow Agent shall return the Earnest Money to Buyer, or (b) waive the unsatisfied objections xxx xxose the transaction.
Sample 1
Title and Survey Approval. If Buyer has an objection to items disclosed in the Commitment or the Survey, Buyer shall make written objections to Seller within ten (10) days after receipt of the Commitment, all of the Exception Documents and the Survey. Upon the expiration of such period, any item not objected to by Buyer or subsequently approved by Xxxxx in writing shall be deemed a permitted exception (each a “Permitted Exception”). If Buyer makes an objection, Seller shall have thirty (30) days from the date the objection is made to cure the same. If the objection is not satisfied to Buyer’s sole satisfaction within the time period, Buyer may within three (3) days terminate this Agreement or waive the unsatisfied objection and proceed with Closing. Failure to provide written notice within such time shall be deemed a waiver.
Sample 1
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Title and Survey Approval 
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Related to Title and Survey Approval

  • Title and Survey (a) The Seller shall order and cause to be delivered to each of the Buyer and the Seller a commitment for the Title Policy from the Title Company, together with all underlying title exception documents. The Buyer shall, at its expense, order and cause to be delivered to each of the Buyer and the Seller, an ALTA survey of the Property. After receipt of the survey and the title commitment, the Buyer shall notify the Seller of any defects in title or survey shown by such commitment and/or ALTA survey that the Buyer is unwilling to accept. Within 5 days after such notification, the Seller shall notify the Buyer whether the Seller is willing to cure such defects; the Seller’s failure to so notify the Buyer shall be deemed to be the Seller’s refusal to cure all such defects (except for any defects consisting of those items in the last sentence of this SECTION 3.2 below expressly required to be cured by the Seller). The Seller may cure any defect by causing the Title Company, at the Seller’s sole cost and expense, to omit such defect as an exception to the Title Policy or to “insure over” such defect to the Buyer’s reasonable satisfaction. If the Seller is willing to cure such defects, the Seller shall act promptly, diligently and use commercially reasonable efforts to cure such defects at its expense. Subject to those items below expressly required to be cured by the Seller, if the Seller is unwilling or unable to cure any other such defects by Closing (or fails to notify Buyer and therefore has elected not to cure such defects), then the Buyer shall elect, within 5 days after written notice thereof from the Seller to the Buyer (or within 5 days after the Seller’s time for giving notice has expired without any notice from the Seller), by giving the Seller written notice that the Buyer either (i) waives such defects and shall proceed to Closing without any abatement in the Purchase Price with respect thereto, or (ii) terminates this Agreement and shall be entitled to receive a full and immediate refund of the Xxxxxxx Money and, upon return of the Xxxxxxx Money, this Agreement shall terminate and the Buyer and the Seller shall have no further rights, liabilities or obligations hereunder (except as expressly survive the termination of this Agreement). In the event that the Buyer does not make such election within the applicable time frame, the Buyer shall be deemed to have elected to waive any such defects pursuant to clause (i) above. Subject to those items below expressly required to be cured by the Seller, all title matters not objected to by the Buyer during the Study Period (or objected to but which the Seller declines, or is deemed to decline, to cure as provided above without the Buyer thereafter electing to terminate this Agreement) shall be deemed “Permitted Title Exceptions.” Notwithstanding the foregoing, if any such defects of title consist of mortgages or deeds of trust, any other monetary liens and/or tax liens (other than liens for taxes not yet due and payable), the Buyer shall be deemed to have notified the Seller that the Buyer is unwilling to accept such defects and the Seller covenants and agrees that at or prior to Closing the Seller shall cure by payment, bonding, or escrow deposit acceptable to the Title Company (and the Escrow Agent is authorized to pay and discharge at Closing from the Seller’s proceeds, if not so cured) and cause to be cancelled and discharged such monetary title defects.

  • Title Review Seller shall be obligated to clear any and all encumbrances of title of an ascertainable monetary amount (“Seller Liens”), which Seller’s Liens Seller shall cause to be satisfied and or released at or prior to Closing (with Seller having the right to apply the Purchase Price or a portion thereof for such purpose). Notwithstanding the foregoing, prior to the Due Diligence Date, Purchaser shall give notice (“Purchaser’s Title Notice”) to Seller of the existence of any encumbrances and defects in title to which Purchaser objects and that are not Permitted Encumbrances (“Title Objections”). Seller shall, within five (5) business days from receipt of Purchaser’s Title Notice, notify Purchaser of those Title Objections that Seller elects not to attempt to remove or correct, provided that failure of Seller to give said notice shall be deemed to mean that Seller shall remove or correct all of Purchaser’s Title Objections. In the event Seller elects to attempt to remove or correct Title Objections(s) and by the later of the Due Diligence Date or the date which is thirty (30) business days following Seller’s receipt of Purchaser’s Title Notice, Seller has not arranged for removal or correction of said Title Objections, then Purchaser shall either (i) terminate this Agreement in which event the Deposit shall be returned to Purchaser and the parties hereto shall have no further rights or obligations hereunder, except for rights and obligations which, by their terms, survive the termination hereof, or (ii) accept the condition of the title to the Property as it then is, without diminution of the Purchase Price. If Purchaser fails to elect (i) above, then Purchaser shall be deemed to have elected (ii) above. Encumbrances and defects to title that are not included in Purchaser’s Title Objections and those Title Objections that are accepted pursuant to this subsection shall be deemed to be Permitted Encumbrances. Notwithstanding anything herein to the contrary, Seller’s Liens shall not be deemed Permitted Encumbrances. Recording fees for recording documents to discharge Title Objections and Seller’s Liens shall be borne by Seller.

  • Title Insurance and Surveys (a) Within ten (10) business days after the date of this Agreement, the Acquired Entities and the Shareholder shall deliver copies of previous owner policies or other title evidence sufficient to obtain commitments (the "Commitments") to be issued by Shareholder's counsel as agent for Attorneys' Title Insurance Fund (the "Title Company") for the issuance of an ALTA Owners Policy of Title Insurance (10-17-92) (with Florida Modifications, the "Title Policy") for each of the Owned Properties (and such of the Leased Properties as Republic may designate) in an amount not to exceed the fair market value of the Owned Properties. The premium for the Title Policy shall be paid by the Shareholder. The Title Policy shall show fee simple title to the Owned Properties vested now or to be vested at or immediately prior to the Closing in the Acquired Entities subject only to current real estate Taxes not yet due and payable as of the Effective Time, and such other covenants, conditions, easements, and exceptions to title as Republic may approve in writing (collectively, the "Permitted Exceptions"). The Permitted Exceptions shall include, but shall not be limited to, mortgages or instruments securing any of the Designated Liabilities, and such of the following matters as do not affect the current use of the Owned Properties: (i) zoning restrictions imposed by Governmental Authority (so long as there exists no violation of any such restrictions by the use of or improvements on the Owned Properties), (ii) restrictions and matters appearing on the Plat or otherwise common to the subdivision, and (iii) utility easements that are not subject to any encroachment by existing improvements on the Owned Properties (other than perimeter walls and fences). The Commitments and the Title Policy to be issued by the Title Company shall have all Standard and General Exceptions deleted so as to afford full "extended form coverage" and shall contain contiguity (where appropriate), survey, and such other endorsements as may be reasonably requested by Republic, excluding nonimputation and creditors rights endorsements. At the Closing, the Acquired Entities, the Shareholder and their Affiliates shall deliver such affidavits or other instruments as the Title Company may reasonably require to delete Standard and General Exceptions and to provide the special endorsements required hereunder. The Acquired Entities and the Shareholder shall cause the Commitments to be later-dated to cover the Closing and to cause the Title Company to delete all Schedule B-1 requirements and all Standard Exceptions in the Commitment at the Closing as directed by Republic.

  • Title Commitment Within five (5) Business Days after the Effective Date, Seller shall request from the Title Company a title commitment for the Property (the "Seller's Title Commitment"), specifying Seller as the record owner of the Property, showing Purchaser as the prospective named insured, in the amount of the Property Purchase Price, showing the status of title of the Property and listing all exceptions (including, but not limited to, easements, restrictions, rights-of-way, covenants, reservations, encumbrances, liens and other conditions, if any, affecting the Property) which would appear in the Owner’s Policy of Title Insurance, when issued, together with true, correct and legible copies of all items and documents referred to therein. Within five business days after receipt of the title commitment and related documents by Seller, Seller shall convey it to Purchaser. Seller shall deliver to Purchaser title at closing subject only to the "Permitted Exceptions,” as defined herein. Purchaser shall have a period (the "Review Period") ending on the date which is fifteen (15) business days after the date on which Purchaser receives the last of (i) the Title Commitment; and (ii) true, legible copies of all instruments referred to in the Title Commitment, in which to notify Seller of any objections Purchaser has to any matters shown or referred to in the Title Commitment (“Objection Notice”). Any exception to which Purchaser does not object shall be considered a "Permitted Exception". In the event Purchaser timely provides Seller an Objection Notice, Seller shall have the right, but not the obligation, at its sole cost, to eliminate or modify such unacceptable exceptions or conditions and shall give Purchaser written notice of Seller’s intent to eliminate or modify such unacceptable exceptions or conditions within ten (10) days following delivery of the Objection Notice (“Seller’s Cure Period”). In the event Seller is unable or unwilling to eliminate or modify such unacceptable exceptions or conditions to the satisfaction of Purchaser within Seller's Cure Period, and so notifies Purchaser in writing (the “No Cure Notice”), then in that event Purchaser may elect in writing delivered to Seller within ten (10) days following delivery of the No Cure Notice to Purchaser to elect to either (1) waive such Objections, or

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