Common use of Title Insurance and Surveys Clause in Contracts

Title Insurance and Surveys. Due to the critical timeline requirements to close the transaction, PHI may order title searches on all PH Owned Real Property and PH Leased Real Property to be transferred to NPC pursuant to this Agreement. These title searches will be performed by a national title company approved by PHI. If PHI has established relations with such company, NPC will be entitled to the benefit of PHI’s preferred rates. If permissible under applicable law and the terms of any agreement with such company, the fees paid for the searches may be applied toward the title policy costs for title policies desired by NPC based upon these title searches In the event NPC or NPC’s lender requires environmental reports relating to the PH Owned Real Property, NPC shall first obtain PHI’s prior written consent and shall execute the Access and Confidentiality Agreement substantially in the form attached hereto as Exhibit “E”, and shall retain a nationally recognized firm approved by PHI to perform such work. PH will not consent to any invasive environmental audit or review and the results of any permitted environmental audit or review will not affect NPC’s obligations hereunder. To the extent that NPC or NPC’s lender requires surveys of the Owned Real Property, NPC shall retain a nationally recognized firm approved by PHI to perform such work. The consultants referenced in this Section 1.7 will be retained solely by NPC, but PH shall have the right to obtain copies of any documents or reports that they prepare. As provided for in Sections 5 and 10.9, NPC shall reimburse PH at Closing (or at such other time as contemplated by those provisions) for all actual or estimated costs incurred by PH in obtaining title insurance, surveys and/or environmental reports on behalf of NPC. Notwithstanding the foregoing however, NPC will not be responsible for the payment or reimbursement of any costs relating to title insurance, surveys and/or environmental reports on any of the subject real estate unless such service is specifically requested by NPC, and request is given forty-five (45) days prior to the Closing.

Title Insurance and Surveys. Due to the critical timeline requirements to close the transaction, PHI may order title searches on all PH NPC Owned Real Property and PH NPC Leased Real Property to be transferred to NPC PH pursuant to this Agreement. These title searches will be performed by a national title company approved by PHI. If PHI has established relations with such company, NPC will be entitled to the benefit of PHI’s preferred rates. If permissible under applicable law and the terms of any agreement with such company, the fees paid for the searches may be applied toward the title policy costs for title policies desired by NPC PH based upon these title searches searches. In the event NPC PH or NPC’s lender PHI requires environmental reports relating to the PH NPC Owned Real Property, NPC PH shall first obtain PHINPC’s prior written consent and shall execute the Access and Confidentiality Agreement substantially in the form attached hereto as Exhibit “E”, and shall retain a nationally recognized firm approved by PHI to perform such work. PH NPC will not consent to any invasive environmental audit or review and the results of any permitted environmental audit or review will not affect NPCPH’s obligations hereunder. To the extent that NPC or NPC’s lender PH requires surveys of the NPC Owned Real Property, NPC PH shall retain a nationally recognized firm approved by PHI to perform such work. The consultants referenced in this Section 1.7 2.7 will be retained solely by NPCPH, but PH NPC shall have the right to obtain copies of any documents or reports that they prepare. As provided for in Sections 5 and 10.9, NPC PH shall reimburse PH NPC at Closing (or at such other time as contemplated by those provisions) for all actual or estimated costs incurred by PH in obtaining title insurancerelated to these items, surveys and/or environmental reports on behalf subject to any post-closing adjustments pursuant to Section 10.1 of NPCthis Agreement. Notwithstanding the foregoing however, NPC PH will not be responsible for the payment or reimbursement of any costs relating to title insurance, surveys and/or environmental reports on any of the subject real estate unless such service is specifically requested by NPCPH, and request is given forty-five (45) days prior to the Closing.

Title Insurance and Surveys. Due to the critical timeline requirements to close the transaction, PHI may order title searches on all PH Owned Real Property and PH Leased Real Property to be transferred to NPC the Buyer pursuant to this Agreement. These title searches will be performed by a national title company approved by PHI. If PHI has established relations with such companycompanies, NPC the Buyer will be entitled to the benefit of PHI’s preferred rates. If permissible under applicable law and the terms of any agreement with such companycompanies, the fees paid for the searches may be applied toward the title policy costs for title policies desired by NPC the Buyer based upon these title searches searches. In the event NPC the Buyer or NPCthe Buyer’s lender requires environmental reports relating to the PH Owned Real Property, NPC the Buyer shall first obtain PHISeller’s prior written consent and shall execute the Access and Confidentiality Agreement substantially referenced in the form attached hereto as Exhibit “E”Section 4.2 below, and shall retain a nationally recognized firm approved by PHI to perform such work. PH Seller will not consent to any invasive environmental audit or review and the results of any permitted environmental audit or review will not affect NPCBuyer’s obligations hereunder. To the extent that NPC the Buyer or NPCthe Buyer’s lender requires surveys of the Owned Real Property, NPC the Buyer shall retain a nationally recognized firm approved by PHI to perform such work. The consultants referenced in this Section 1.7 1.9 will be retained solely by NPCthe Buyer, but PH the Seller shall have the right to obtain copies of any documents or reports that they prepare. As provided for in Sections 5 1.6 and 10.97.7, NPC the Buyer shall reimburse PH the Seller at Closing (or at such other time as contemplated by those provisions) for all actual or estimated costs incurred by PH in obtaining title insurance, surveys and/or environmental reports Seller on behalf of NPC. Notwithstanding the foregoing howeverBuyer related to these items, NPC will not be responsible for the payment or reimbursement subject to any post-closing adjustments pursuant to Section 7.1 of any costs relating to title insurance, surveys and/or environmental reports on any of the subject real estate unless such service is specifically requested by NPC, and request is given forty-five (45) days prior to the Closingthis Agreement.

Title Insurance and Surveys. Due to the critical timeline requirements to close the transaction, PHI may order title searches on all PH Owned Real Property and PH Leased Real Property to be transferred to NPC the Buyer pursuant to this Agreement. These title searches will be performed by a national title company approved by PHI. If PHI has established relations with such companycompanies, NPC the Buyer will be entitled to the benefit of PHI’s preferred rates. If permissible under applicable law and the terms of any agreement with such companycompanies, the fees paid for the searches may be applied toward the title policy costs for title policies desired by NPC the Buyer based upon these title searches searches. In the event NPC Buyer or NPCBxxxx’s lender requires environmental reports relating to the PH Owned Real Property, NPC the Buyer shall first obtain PHI’s prior written consent and shall execute the Access and Confidentiality Agreement substantially in the form attached hereto as Exhibit “EH”, and shall retain a nationally recognized firm approved by PHI to perform such work. PH PHI will not consent to any invasive environmental audit or review and the results of any permitted environmental audit or review will not affect NPCBuyer’s obligations hereunder. To the extent that NPC Buyer or NPCBxxxx’s lender requires surveys of the Owned Real Property, NPC Buyer shall retain a nationally recognized firm approved by PHI to perform such work. The consultants referenced in this Section 1.7 1.9 will be retained solely by NPCBxxxx, but PH Seller shall have the right to obtain copies of any documents or reports that they prepare. As provided for in Sections 5 1.6 and 10.97.8, NPC the Buyer shall reimburse PH the Seller at Closing (or at such other time as contemplated by those provisions) for all actual or estimated costs incurred by PH Seller in obtaining title insurance, surveys and/or environmental reports on behalf of NPC. reports.. Notwithstanding the foregoing howeverforegoing, NPC Buyer will not be responsible for the payment or reimbursement of any costs relating to title insurance, surveys and/or environmental reports on any of the subject real estate Owned Real Property unless such service is specifically requested by NPCBxxxx, and the request is given to Seller and/or PHI forty-five (45) days prior to the Closing.