Title Review Period. With respect to each Property separately, Purchaser shall have a period of time beginning the latter of (i) the execution of this Agreement or (ii) upon Purchaser's receipt of the Title Report for such Property and copies of all documents referred to therein and ending at 5:00 p.m., Central Standard Time, fifteen (15) business days thereafter (the "Title Review Period"), to review the Title Report for such Property and to give Seller and Escrow Agent notice of any title exceptions relating to such Property which are unacceptable to Purchaser. Purchaser shall be deemed to have waived its right to object to any exception included in the Title Report if Purchaser fails to notify Seller of such objections prior to the expiration of the Title Review Period for such Property. If Purchaser gives notice of dissatisfaction as to any exception to title as shown in the Title Report for any Property, or any amendment thereto, Seller may, but shall not be obligated to, attempt to eliminate the disapproved exception from the Title Report for such Property or any amendment thereto prior to the Closing Date for such Property. If Seller elects to eliminate the disapproved exception and does not eliminate it by a date which is at least ten (10) business days prior to the Closing Date for such Property, Purchaser's sole and exclusive remedies shall be to either (i) cancel this Agreement, with respect to such Property only, by giving Seller and Escrow Agent written notice of cancellation at least five (5) business days prior to the Closing Date for such Property, (ii) close such transaction, with respect to such Property only, subject to such previously disapproved exception, or (iii) cancel this Agreement in full, as to all Properties. Notwithstanding the foregoing, if Seller notifies Purchaser in writing of its election not to eliminate a disapproved exception to title, Purchaser shall have until the earlier of the Closing Date or five (5) business days after receiving Seller's written notice of such election to either (i) cancel this transaction or proceed to Closing, with respect to such Property only, or (ii) cancel this Agreement in full, as to all Properties. Purchaser's failure to make a timely election shall be deemed its election to close this transaction with respect to such Property only, taking title subject to any previously disapproved title exception. With respect to any amendments or updates to the Title Report or previous amendments or updates thereto, the s...
Title Review Period. Within 30 days after receipt of the last of the Landlord’s Reports, the Commitment, the Title Documents and the Survey (the “Title Review Period”), Tenant shall deliver to Landlord written notice of any objection Tenant may have with respect to the Commitment, the Survey and/or the Title Documents. If Tenant fails to object in writing to any items reflected in such documents within the Title Review Period, then all such items shall be deemed to be Permitted Encumbrances (hereinafter defined). If Tenant objects in writing to any of the items reflected in the Commitment, Survey or Title Documents, Landlord shall have 10 days (the “Title Cure Period”) following Landlord’s receipt of Tenant’s written objections in which to remove or cure, to Tenant’s reasonable satisfaction, any matters to which Xxxxxx has objected. If Landlord has commenced to cure, and thereafter is diligently pursuing the cure of, such item(s) but such item(s) cannot be cured within the Title Cure Period, Tenant shall, without waiving any of its other rights under this Section 5.3, have the unilateral right to extend the Title Cure Period by written notice to Landlord until such time as the cure of such item(s) has been completed or until Tenant, in its sole discretion, determines that the item(s) cannot be cured within a period compatible with Tenant’s intended use of the Land. If Landlord fails to cure such items during the Title Cure Period or Tenant has extended the Title Cure Period and thereafter determines that the item(s) cannot be cured within the extended Title Cure Period, Tenant shall have the right (i) to terminate this Lease by written notice to Landlord within 10 days after the expiration of the Title Cure Period (as it may have been extended), in which event the Independent Consideration shall be retained by Landlord and the parties shall have no further rights or obligations to the other hereunder or (ii) waive the objection to such matters and proceed with this Lease. If Tenant elects not to terminate this Lease, Landlord shall cause the Title Company to reissue from time to time during the Contingency Period the Commitment prior to its expiration. Tenant shall have the right to object to any exceptions other than the Permitted Encumbrances shown on any updated Commitment. If Landlord fails to cure such items, Tenant shall again have the right to terminate this Lease, notwithstanding that the Contingency Period may have expired, or waive the objection. The time periods for...
Title Review Period. Seller has delivered to Purchaser and Purchaser acknowledges receipt of (i) the following Commitment for Title Insurance with copies of all recorded instruments affecting the applicable portion of the Property and recited as exceptions in the Commitment for Title Insurance: Commitment No 3020-724461TX4 issued April 16, 2015 with regard to Foundations by the Vineyard, Euless, Texas (the "Commitment") and (ii) a copy of the following: ALTA/ACSM Land Title Survey, dated May 15, 2015 prepared by Xxxxxxxx Xxxxxxxxx TRPLS No 4873 (the "Survey"). At Closing, Purchaser shall reimburse Seller for the actual out-of-pocket amount paid by Seller to the surveyor for the Survey in the amount of $6,000 and the Purchaser will bear any cost to modify or change the Survey to include any items beyond the survey requirements of XXXXXXX MAC and XXXXXX XXX. If Purchaser has an objection to items disclosed in the Commitment or Survey, then Purchaser may give Seller written notice of its objections for a period of fifteen (15) days after the Effective Date but in no event later than five (5) days before the expiration of the Feasibility Period. If Purchaser gives timely written notice of its objections, then Seller may, but has no obligation to (except as expressly provided herein), cure those objections for a period of two (2) Business Days from the date Seller receives Purchaser's notice ("Seller's Cure Period"). Seller shall utilize reasonable diligence to cure any errors in the Commitment, provided Seller has no obligation to expend any money, to incur any contractual or other obligations, or to institute any litigation in pursuing its efforts, other than to remove at Closing (i) financing liens of an ascertainable amount created by, through, or under Seller, (ii) any exceptions or encumbrances to title which are created by, under or through Seller after the date of the Commitment without Purchaser’s prior written consent, and (iii) any objections that Seller has specifically agreed, in writing, to cure ("Mandatory Cure Matters"). If any objection is not satisfied during Seller's Cure Period, then Purchaser shall elect not later than two (2) Business Days after the expiration of Seller's Cure Period, but in any event no later than the expiration of the Feasibility Period, as its sole and exclusive remedy to either: (i) terminate this Contract, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) shall be refunded to Purchaser, an...
Title Review Period. The Title Review Period shall be a period of sixty (60) days from and after the Effective Date.
Title Review Period. The “Title Review Period” shall end on July 23, 2021, at 5:00 p.m. (California time).
Title Review Period. Section 7.4.1 of the Agreement is hereby revised as follows:
(a) The Title Review Period shall terminate at 5:00 p.m. (Chicago time) on June 21, 2006.
(b) The following language is hereby deleted from the second sentence of Section 7.4.1: “; provided, however, that Purchaser shall be deemed to have timely delivered a Purchaser’s Defect Notice with respect to any Updated Survey if such Purchaser’s Defect Notice is delivered within two (2) business days after receipt thereof”.
(c) Seller’s Election Period shall expire at 12:00 p.m. (Chicago time) on June 22, 2006.
(d) The parenthetical in the first full sentence on page 8 of the Agreement is hereby deleted and replaced with the following: “(on or before the Approval Date)”.
Title Review Period. Buyer shall have until ten business (10) days (the "Title Review Period") after receipt of the Title Commitment (and legible copies of all instruments referred to in the Title Commitment) and the Survey to notify Seller, in writing, of such objections as Buyer may have to anything contained in the Title Commitment or the Survey. Any item contained in the Title Commitment or the Survey to which Buyer does not object during the Title Review Period shall be deemed a "Permitted Exception".
Title Review Period. The "TITLE REVIEW PERIOD" shall end on September 16, 2004, at 5:00 p.m. (California time).
Title Review Period. Seller and Purchaser agree to extend the Title Review Period set forth in Section 6(b) of the Contract, as the Title Review Period relates to Survey matters only, to 5:00 P. M. on November 22, 2005 for the sole purpose of allowing Purchaser to complete and review the Survey of the Property and object to Survey matters only which materially affect Purchaser’s intended use of the Property. Purchaser agrees to deliver the Additional Deposit of $500,000.00 to the Escrow Agent on or before November 23, 2005. Furthermore, Purchaser acknowledges and agrees that the Initial Deposit and the Additional Deposit shall be deemed non-refundable to Purchaser until Closing unless Seller shall default under the Contract, or a title matter arises under Section 6(c) of the Contract and Purchaser terminates the Contract pursuant to the provisions of Section 6(c) of the Contract, or the Survey discloses a defect which materially affects Purchaser’s intended use of the Property and which defect Seller is unable to cure following notification by Purchaser of such defect as provided in the Contract.
Title Review Period. During the period beginning upon the Effective Date and ending at 5:00 p.m. (local time at the Property) on August 27, 2004 (hereinafter referred to as the "TITLE REVIEW PERIOD"), Purchaser shall have the right to review (a) a current preliminary title report on the Real Property prepared by the Title Company which title report shall be obtained by Purchaser and provided to Seller within five (5) days after the Effective Date; and (b) Seller's existing survey of the Real Property (the "SURVEY"), which Seller has delivered to Purchaser prior to the Effective Date. Purchaser may obtain an updated survey of the Real Property (the "UPDATED SURVEY"). Purchaser shall provide a copy of any Updated Survey to Seller upon Purchaser's receipt of same.