Title Procedure. From the date this Agreement is executed until 5:00 pm on the Defect Deadline (the “Title Examination Period”), Buyer may make written claims in accordance with this Exhibit A with respect to any Title Defect claimed by Buyer.
Title Procedure. If any of the information or materials supplied ---------------- by Seller pursuant to this Agreement, or any other information or data, including the Buyer's due diligence examination of title, reflects the existence of any encumbrance, encroachment, defect in or objection to title that renders title to the gas properties defective or encumbered, and not capable of being conveyed due to a title defect that would make the Gas Properties unmarketable ("Title Defects"), then:
Title Procedure. Seller shall promptly, within three (3) business days of Seller accepting this offer, make available to the Buyer, at the office of the Buyer, true and complete copies of all of the Seller's title information concerning the Property, including (i) copies of the Leases, contracts, easements and other agreements respecting the Property; (ii) copies of all Opinions of Title, landman reports or other certificates of title to the Property; (ixx) xxx letters or other documents establishing any adverse claim to title to any of the Property; (iv) and other information concerning title to the Property available to the Seller. Buyer shall then undertake such title examination as it deems prudent at its sole further cost and expense. Seller agrees to authorize Thomas
Title Procedure. From the date this Agreement is executed until 3:00 pm Central Standard Time on the date that is 5 Business Days prior to the Closing Date (the “Title Examination Period”), Buyer may make written claims in accordance with this Exhibit A with respect to any Title Defect claimed by Xxxxx.
Title Procedure. If any of the information or material supplied by Seller pursuant to this Agreement or any other information or data reflects the existence of any encumbrance, encroachment, defect in or objection to title, other than those set forth in Exhibit A, that render title to the Interests or any portion thereof then Seller shall notify Buyer in writing at the address provided below of such encumbrance or defect and shall immediately take steps to cure same. In the event such defects or encumbrances cannot be so cured, then the purchase price described herein shall be reduced by the amount necessary, including applicable attorneys fees, costs and expenses incurred by Buyer to cure same which shall be deducted from any payments to be made pursuant to this Agreement.
Title Procedure. From the date of this Agreement until 5:00 p.m. Central Time on December 31, 2011, (the “Examination Period”), Sellers will afford to Buyer and its representatives reasonable access during normal business hours to the offices, personnel, books, and records of Sellers in order for Buyer to conduct a title examination as it may in its sole discretion choose to conduct with respect to the Assets in order to determine whether Title Defects exist.
Title Procedure. Prior to full execution of this Agreement: (i) Buyer shall have caused Title Company to prepare and issue to Buyer a preliminary title report, evidencing the current condition of title to the Property, including all matters shown by an ALTA survey of the Real Property and the Improvements, prepared for Buyer and Buyer's designees, showing all boundaries, improvements, utility locations and sizes, easements and encroachments on the Property ( the "Survey"); and (ii) Buyer shall commission the Survey. Buyer shall promptly review the preliminary title report and Survey and shall notify Seller in writing on or before ten (10) days after Buyer's receipt of the preliminary title report and Survey, and copies of all exceptions described in such preliminary title report, of any exceptions to title noted thereon which are unacceptable to Buyer. Seller shall, at Seller's sole cost and expense, before Closing, cause removal of all monetary title exceptions, including, but not limited to, deeds of trust, and mechanic's and other liens. Unless, within ten (10) days of Seller's receipt of Buyer's disapproval of any non-monetary title exception, Seller advises Buyer in writing that Seller intends to cure such disapproved title exception before Closing, taking such action, at Seller's sole cost and expense, as may be necessary so to do (a "Cure Notice"), Seller shall not cause removal of such disapproved exceptions from title. If Seller does not deliver a Cure Notice to Buyer, then at Buyer's sole election, to be made within ten (10) days of Buyer's delivery of its objection to the title exceptions, either (i) this Agreement shall automatically terminate as provided in Section 4.3, or (ii) Buyer shall agree to purchase the Property subject to the disapproved title exception(s). If Seller does not remove or provide to the satisfaction of Buyer for removal of monetary exceptions to title or the exceptions set forth in the Cure Notice before Closing, Buyer shall have the right (i) to terminate this Agreement as provided in Section 4.3, (ii) to proceed with consummation of this transaction notwithstanding such objectionable items, or (iii) to exercise any of Buyer's rights or remedies at law or in equity arising out of Seller's breach of its covenant to convey title.
Title Procedure. From the Effective Date until 5:00 p.m. Central Time on the date that is 45 days following the Effective Date (the “Examination Period”), STML will afford to EnCana and its representatives reasonable access during normal business hours to the offices, personnel and books and records of STML in order for EnCana to conduct a title examination as it may in its sole discretion choose to conduct with respect to the Assets in order to determine whether Title Defects exist.
Title Procedure. Except as expressly set forth in this Agreement, at the Closing, Seller shall convey its right, title and interest in and to the Methane Assets with only the representations and warranties contained in a deed in substantially the form attached hereto as Exhibit B, executed as appropriate for each county in which the Methane Assets are located and executed by Seller (“Seller’s Deeds”). If any information or data obtained by Purchaser from public records or any other source reflects the existence of any material encumbrance, encroachment, defect in or objection to Seller’s title to the Methane Assets to be conveyed under the Seller’s Deeds that render title to the Methane Assets or any portion thereof less than that being conveyed under the Seller’s Deeds (all of which are herein called the “Title Defects”), Purchaser shall give Seller written notice of the Title Defects. If Title Defects shall be so specified, Seller may attempt to cure or to remove the Title Defects at its own expense prior to Closing.
Title Procedure. If any of the information or material supplied by Seller pursuant to this Agreement or any other information or data obtained by Buyer from any other source reflects the existence of any encumbrance, encroachment, defect in or objection to title that render title to the Gathering System or any portion thereof less than good and marketable (all of which are herein called the "Title Defects"), Buyer shall give Seller written notice of the Title Defects. If Title Defects shall be so specified, Seller may attempt to cure or to remove the Title Defects at the expense of Seller. If the Title Defects are not cured or removed at or prior to the Closing, Buyer may either waive the Title Defects and proceed with the Closing, mutually agree with Seller to an adjustment to the Purchase Price and proceed with Closing, or elect in writing to terminate this Agreement.
