Title Benefit Notices. SM shall have the right, but not the obligation, to deliver to Buyers on or before the Defect Claim Date, a notice setting forth any matters that, in SM’s reasonable opinion, constitute Title Benefits and that SM intends to assert as a Title Benefit pursuant to this Section 6.2 (each, a “Title Benefit Notice”) including (i) a description of the Title Benefit and the Assets affected by the Title Benefit (the “Title Benefit Property”), (ii) the amount by which SM reasonably believes the Allocated Value of the Title Benefit Property is increased by the Title Benefit, (iii) supporting documents available to SM reasonably necessary for Buyers to verify the existence of the alleged Title Benefit(s) and (iv) the computations upon which SM’s belief is based. SM shall be deemed to have waived all Title Benefits of which it, or Buyers pursuant to Section 6.2(a), has not given notice on or before the Defect Claim Date.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (SM Energy Co)
Title Benefit Notices. SM shall have the right, but not the obligation, to deliver to Buyers Mitsui on or before the Defect Claim Date, a notice setting forth any matters thatwhich, in SM’s reasonable opinion, constitute Title Benefits and that which SM intends to assert as a Title Benefit pursuant to this Section 6.2 4.2 (each, a “Title Benefit Notice”) including (i) a description of the Title Benefit and the Assets Conveyed Interests affected by the Title Benefit (the “Title Benefit Property”), (ii) the amount by which SM reasonably believes the Allocated Value of the Title Benefit Property is increased by the Title Benefit, (iii) supporting documents available to SM reasonably necessary for Buyers Mitsui to verify the existence of the alleged Title Benefit(s) and (iv) the computations upon which SM’s belief is based. SM shall be deemed to have waived all Title Benefits of which it, or Buyers Mitsui pursuant to Section 6.2(a4.2(a), has not given notice on or before the Defect Claim Date.
Appears in 2 contracts
Samples: Acquisition and Development Agreement, Acquisition and Development Agreement (SM Energy Co)