Common use of Title To Be Delivered Clause in Contracts

Title To Be Delivered. City agrees to convey good and marketable fee simple title in the Expansion Property to Expansion Property Purchaser subject only to easements, restrictions, conditions and covenants of record as of the Closing Date hereof to the extent not objected to by Expansion Property Purchaser as set forth in this Agreement, and to the conditions subsequent set forth in Section 5.3, below: (1) City, at its sole cost and expense, shall deliver to Expansion Property Purchaser an abstract of title to the Expansion Property continued through the date of this Agreement reflecting merchantable title in City in conformity with this Agreement and applicable state law. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in the aforesaid manner. (2) Expansion Property Purchaser shall have until time of the Closing Date to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, in writing to City. Expansion Property Purchaser agrees, however, to review the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in the Abstract provided by the City. City shall promptly exercise its best efforts to have such title objections removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such action. If City shall fail to have such objections removed as of the Closing Date, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without any liability on its part, and any sums previously paid to City by Expansion Property Purchaser (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser with interest, or (b) take title subject to such objections. City agrees to use its best reasonable efforts to promptly satisfy any such objections.

Title To Be Delivered. City agrees to convey good Promptly after the parties have executed and marketable fee simple title in the Expansion Property to Expansion Property Purchaser subject only to easements, restrictions, conditions and covenants of record as of the Closing Date hereof to the extent not objected to by Expansion Property Purchaser as set forth in delivered this Agreement, Purchaser shall order, from a title insurance company or agency licensed to write title insurance in the State of Minnesota (“Title”), a commitment for an ALTA owner’s title insurance policy (the “Commitment”), wherein Title agrees to issue to Purchaser upon the recording of the conveyance document(s), an ALTA owner’s title insurance policy in the full amount of the Purchase Price, and legible copies of all documents referred to in the conditions subsequent set forth in Section 5.3, below: (1) City, at its sole cost and expense, shall deliver to Expansion Property Purchaser an abstract of Commitment as affecting title to the Expansion Property continued through Land (the date of this Agreement reflecting merchantable title in City in conformity with this Agreement and applicable state law“Title Documents”). The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion PropertyPurchaser also may order, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in the aforesaid manner. (2) Expansion Property Purchaser shall have until time of the Closing Date to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, in writing to City. Expansion Property Purchaser agrees, however, to review the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in the Abstract provided by the City. City shall promptly exercise its best efforts to have such title objections removed or satisfied and shall advise Expansion Property Purchaser of intended action within later than ten (10) days after its receipt of the Commitment and the Title Documents, from a registered land surveyor, a survey of the Land (the “Survey”), containing a certification addressed to Seller, Purchaser, Title and Purchaser’s lender (if any), in form acceptable to Purchaser and Purchaser’s lender, if any, and locating all of the items shown on the Commitment as affecting title to the Land. The Commitment, the Title Documents and any Survey timely ordered by Purchaser, are collectively called the “Title Evidence.” Purchaser shall have twenty (20) days after its receipt of the Title Evidence to render objections to title in writing to Seller. Any matters not timely objected to by Purchaser shall be Permitted Exceptions. Seller shall have sixty (60) days after the date of timely notice of such actionobjections to cause the same to be removed or satisfied. Seller agrees to use reasonable efforts promptly to satisfy any such objections. Seller shall satisfy on or before the Closing Date any exception which may be satisfied solely by the payment of money. If City Seller shall fail to have cause such objections to be removed as of the Closing Dateor satisfied within that time, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without by notice to Seller, in which event Seller and Purchaser shall execute a written termination of this Agreement and thereupon neither party shall have any liability on its part, and any sums previously paid further rights or obligations under this Agreement except for obligations which expressly are provided in this Agreement to City by Expansion Property Purchaser survive a termination of this Agreement (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser with interest, the “Surviving Obligations”); or (b) take accept title subject to such objections, in which event such objections shall be Permitted Exceptions. City agrees The following items shall be Permitted Exceptions and shall not be objections to use its best reasonable efforts marketability of title to promptly satisfy any such objectionsthe Property: a. Financing Statement, dated February 23, 2001, recorded in the office of the County Recorder in and for Hennepin County, Minnesota on May 17, 2001 as Document No. 7473057, between Classic Affairs, Inc., as Debtor, and Financial Management Leasing, Inc., as Secured Party. b. Perpetual Easement Agreement, dated December 28, 1987, recorded in the office of said County Recorder on January 15, 1988 as Document No. 5368451. c. Resolution 80R-326, recorded in the office of said County Recorder on January 6, 1981 as Document No. 4615720.

Title To Be Delivered. City Seller agrees to convey good and marketable good, marketable, insurable, fee simple title in the Expansion Property to Expansion Property Purchaser subject only to easements, restrictions, conditions such exceptions to title as are permitted according to this Agreement. a. As soon hereafter as reasonably possible and covenants of record as in any event within 10 days of the Closing Date hereof date hereof, the following shall occur: i. Purchaser shall request, at Seller's expense, a commitment for an ALTA Form B extended coverage owner's title insurance policy (the "Commitment") issued by Xxxxxxx Title Guaranty Company (“Title Company”) wherein said Title Company agrees to issue to Purchaser upon the recording of the deed and other conveyance documents referred to herein an ALTA Form B Owner's Title Insurance Policy (the "Title Policy") in the full amount of the Purchase Price, with a zoning endorsement, so-called owner's extended coverage endorsement, and any other endorsements reasonably requested by Purchaser. The Commitment will be accompanied by copies of all recorded documents affecting the Property. At Closing, Seller shall pay the premium associated with issuance of the Title Commitment to Purchaser or directly to Title Company at Purchaser’s direction. ii. Purchaser shall request, at Seller's expense, a current "as built" survey of the Property (the "Survey") prepared by a duly licensed land surveyor in the State of Minnesota, which survey shall be prepared in accordance with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly adopted by the American Land Title Association and American Congress on Surveying and Mapping in 1992, shall delineate the boundary lines of the Real Property and the location of the Improvements thereon, together with setbacks, physical encroachments from or on the Real Property, easements and rights of way, and all other matters affecting the Real Property. The Survey shall be certified to Purchaser and the Title Company, and shall be sufficient to cause the Title Company to delete any exception for survey matters from the Title Policy. In the event that the Survey shows any matters adversely affecting title, such matters shall be deemed “Objections” for purposes of this Section. b. Purchaser shall have twenty (20) days after receipt of the Title Commitment and the Survey to render objections to the extent Commitment and Survey in writing to Seller (the “Objections”). Any items reflected on the Title Commitment or the Survey which are not objected to by Expansion Property Purchaser as set forth in this Agreement, and to the conditions subsequent set forth in Section 5.3, below: (1) City, at its sole cost and expense, shall deliver to Expansion Property Purchaser an abstract of title to the Expansion Property continued through the date of this Agreement reflecting merchantable title in City in conformity with this Agreement and applicable state law. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and within such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in the aforesaid manner. (2) Expansion Property Purchaser shall have until time of the Closing Date to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, in writing to City. Expansion Property Purchaser agrees, however, to review the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any objections to title identified therein. Nothing herein period shall be deemed "Permitted Exceptions." Seller shall have twenty (20) days from the date it receives the Objections to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in have the Abstract provided by the Citysame removed or satisfied. City Seller shall promptly exercise its best use commercially reasonable efforts to have cause such title objections Objections to be removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such actionsatisfied. If City shall fail Seller is unable to have such objections removed as of remove the Closing DateObjections within that time frame, or any extension thereof consented after using commercially reasonable efforts to by Expansion Property Purchaserdo so, Expansion Property Purchaser may, at its sole discretionoption hereunder, at any time prior to the Closing Date, either (a) terminate this Agreement by written notice to Seller, without any liability on its part, and receive a refund of any sums previously amounts paid to City by Expansion Property Purchaser (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser with interestSeller hereunder, or (b) take title subject to such objections. City agrees to use its best reasonable efforts to promptly satisfy any Objections, in which event such objectionsObjections shall be deemed Permitted Exceptions.

Title To Be Delivered. City Seller agrees to convey good and marketable fee simple title in the Expansion Property Land to Expansion Property Purchaser subject only to the farm lease for the Land which is terminable on not more than six months notice, easements, restrictions, conditions and covenants of record as of the Closing Date hereof to the extent not objected to by Expansion Property Purchaser as set forth in this Agreement, and to the conditions subsequent set forth in Section 5.3, below:record. (1) CityA. Seller, at its sole cost and expense, shall deliver to Expansion Property Purchaser an abstract of title to the Expansion Property Land continued through the date of this Agreement reflecting Purchaser's exercise of its option to purchase the Land for examination by Purchaser. It shall show merchantable title in City Seller in conformity with this Agreement Agreement, Iowa law and applicable state lawTitle Standards of the Iowa Bar Association. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in full. Seller shall pay the aforesaid mannercosts of any additional abstracting and title work due to any act or omission of Seller between the date of Purchaser's exercise and the closing. (2) Expansion Property B. Purchaser shall have until time twenty (20) days after receipt of the Closing Date abstract of title to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaserencumbrances, in writing to City. Expansion Property Purchaser agrees, however, to review Seller and Seller shall have thirty (30) days from the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any date it receives such objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in have the Abstract provided by the City. City shall promptly exercise its best efforts to have such title objections same removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such actionsatisfied. If City Seller shall fail to have such objections removed as of the Closing Datewithin that time, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without any further liability on its part, except for the forfeiture of the option payments 2 as and any sums previously paid to City by Expansion Property Purchaser (or paid into escrow the extent provided for City's benefit) shall be returned to Expansion Property Purchaser with interestin the Option Agreement between the parties, or (b) take title subject to such objections. City Seller agrees to use its best reasonable efforts to promptly satisfy any such objections.

Title To Be Delivered. City Seller agrees to convey good and marketable fee simple title in the Expansion Property to Expansion Property Purchaser subject only to easements, restrictions, conditions such exceptions to title as Purchaser approves in writing. a. As soon hereafter as reasonably possible and covenants of record as in any event within ten (10) days of the Closing Date hereof to the extent not objected to by Expansion Property Purchaser as set forth in this Agreementdate hereof, and to the conditions subsequent set forth in Section 5.3, below: (1) CitySeller, at its sole cost and expense, shall deliver cause to Expansion Property be issued and delivered to Purchaser a commitment for an abstract ALTA Form B extended coverage owner's title insurance policy (the "Commitment") issued by a title company approved by Purchaser (the "Title Company") wherein said Title Company agrees to issue to Purchaser upon the recording of title the warranty deed and other conveyance documents referred to herein an ALTA Form B Owner's Title Insurance Policy (the Expansion Property continued through "Title Policy") in the date full amount of this Agreement reflecting merchantable title in City in conformity with this Agreement and applicable state law. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in with a zoning endorsement and so-called owner's extended coverage endorsement. The Commitment will be accompanied by copies of all recorded documents affecting the aforesaid manner.Property; and (2) Expansion Property b. Purchaser shall have until time three (3) days after receipt of the Closing Date Title Commitment to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, title ("Objections") in writing to City. Expansion Property Purchaser agrees, however, to review Seller and Seller shall have five (5) days from the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in the Abstract provided by the City. City shall promptly exercise its best efforts date it receives such Objections to have such title objections the same removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such actioncured to Purchaser's reasonable satisfaction. If City Seller shall fail to have such objections Objections removed as of the Closing Dateor cured within that time, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without any liability on its part, part and any sums previously paid to City by Expansion Property Purchaser receive a refund of the Earnest Money (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser together with accrued interest), or (b) if the Objections are such that they may not be removed by the expenditure of sums of money, take title subject to such objectionsObjections. City Seller agrees to use its best reasonable efforts to promptly satisfy any such objectionsObjections.

Title To Be Delivered. City Seller agrees to convey good and marketable fee simple title in the Expansion Property Land to Expansion Property Purchaser subject only to easements, restrictions, conditions and covenants of record as and to rights of farm tenants of the Closing Date hereof to the extent Land whose leases can be terminated on not objected to by Expansion Property Purchaser as set forth in this Agreement, and to the conditions subsequent set forth in Section 5.3, below:more than six (6) months notice only ("Six Month Farm Leases"). (1) City, A. Seller at its sole cost and expense, expense shall deliver to Expansion Property Purchaser an abstract of title to the Expansion Property Land continued through the date of this Agreement reflecting Purchaser's exercise of its option to purchase the Land for examination by Purchaser. It shall show merchantable title in City Seller in conformity with this Agreement Agreement, Iowa law and applicable state lawTitle Standards of the Iowa Bar Association. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property Land of Expansion Property Purchaser when the Purchase Price is paid in full in full. Seller shall pay the aforesaid mannercosts of any additional abstracting and title work due to any act or omission of Seller between the continuation date of the abstract and the closing. (2) Expansion Property B. Purchaser shall have until time twenty (20) days after receipt of the Closing Date abstract of title and survey to render objections to title, including any easements or other encumbrances easements, et al. not satisfactory to Expansion Property Purchaser, in writing to City. Expansion Property Purchaser agrees, however, to review Seller and Seller shall have thirty (30) days from the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any date it receives such objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in have the Abstract provided by the City. City shall promptly exercise its best efforts to have such title objections same removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such actionsatisfied. If City Seller shall fail to have such objections removed as of the Closing Datewithin that time, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without any liability on its part, and any sums previously paid to City by Expansion Property Purchaser (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser with interest, or (b) take title subject to such 2 objections. City Seller agrees to use its best reasonable efforts to promptly satisfy any such objections.

Title To Be Delivered. City Seller agrees to convey good and marketable fee simple title in the Expansion Property to Expansion Property Purchaser subject only to easementssuch exceptions to title as are defined herein as the "Permitted Exceptions." A. Immediately upon the Effective Date, restrictions, conditions Seller shall order and covenants of record as cause to be issued and delivered to Purchaser within thirty (30) days thereafter a commitment (the "Commitment") for an ALTA Form B Owner's title insurance policy issued by Lawyer's Title Insurance Corporation (the "Title Company") wherein Title Company agrees to issue to Purchaser upon the recording of the Closing Date hereof Deed and conveyance documents an ALTA Form B 1992 Owner's Title Insurance Policy in the full amount of the Purchase Price, showing Purchaser as owner of the Property in fee simple, subject only to the extent not objected Permitted Exceptions (hereinafter defined). The Commitment shall provide that the final title policy to by Expansion Property Purchaser be issued pursuant thereto shall have standard and general exceptions deleted or insured over so as set forth in this Agreementto afford full extended coverage ("Title Policy"), and shall include the following endorsements: ALTA Restriction Endorsement No. 1; location endorsement (confirming the information contained in the Survey); access endorsement (confirming access to Xxxxxxxx Drive); contiguity endorsement (confirming that the Property is one contiguous parcel with no gaps or gores); an endorsement insuring no violation of building lines, covenants, easements or restrictions pertaining to the conditions subsequent set forth in Section 5.3Property; an ALTA 3.1 Zoning Endorsement, below: (1) Cityand such other endorsements as may be reasonably required by Purchaser. Seller shall also deliver to Purchaser, at its Seller's sole cost and expenseexpense and concurrently with Seller's delivery of the Commitment, complete and legible copies of all documents (collectively, "Exception Documents") evidencing title exceptions (permitted or otherwise) referenced or to be referenced in the Commitment. B. Concurrently with ordering the commitment, Seller shall deliver order a current survey of the Property prepared by a surveyor licensed by the State of Illinois and certified to Expansion Property Purchaser, the Title Company and such other parties as Purchaser an abstract shall designate, which survey is to be prepared in accordance with the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys," jointly established and adopted by the American Land Title Association, the American Congress on Surveying and Mapping and the National Society of title Professional Surveyors in 1999 and pursuant to the Expansion Property continued through Accuracy Standards (as adopted by ALTA and ACSM and in effect on the date of this Agreement reflecting merchantable title in City in conformity with this Agreement the certification) of an Urban Survey and applicable state lawincluding items 1 through 4, 6 through 11, 14 through 17 and item 20 of Table A of said Minimum Standard Detail Requirements (the "Survey"). The abstract At least two (2) copies of the Survey shall be delivered together with full copies to Purchaser not later than thirty (30) days after the Effective Date. C. Regardless of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid Inspection Period (defined in full in the aforesaid manner. (2Section 4.C. hereof) Expansion Property expires, Purchaser shall have until time seven (7) days after receipt of all of the Closing Date Commitment, copies of all the Exception Documents and Survey to render any objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, the same in writing to CitySeller. Expansion Property Purchaser agrees, however, to review Seller shall have seven (7) days from the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any date it receives such objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in the Abstract provided by the City. City shall promptly exercise its best efforts ("Cure Period") to have such title objections the same removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days of such actionsatisfied. If City Seller shall fail to have such objections removed as or satisfied within the Cure Period, Purchaser may, not later than three (3) business days after the expiration of the Closing Date, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser mayCure Period, at its sole discretion, either elect in writing to: (ai) terminate this Agreement without any liability on its part, and any sums previously paid to City by Expansion Property Purchaser (or paid into escrow for City's benefit) in which event the Xxxxxxx Money shall be returned delivered to Expansion Property Purchaser with interestand neither party shall have any further duties or obligations under this Agreement, or (bii) take title subject to such objections. City Failure of Purchaser to so elect shall constitute an election of item (ii). Seller agrees to use its best reasonable efforts to promptly remove or satisfy such objections from the Commitment. For purposes of this Agreement, the term "Permitted Exceptions" shall mean all title exceptions described on the Commitment and those set forth on Exhibit C attached hereto, and not objected to by Purchaser pursuant to this Section 3.C. and any such objectionsexceptions created or caused by Purchaser or its agents. Notwithstanding the foregoing, in no event shall Permitted Exceptions include any title exceptions pertaining to liens or encumbrances of a definite and ascertainable amount which may be removed by the payment of money and which Seller shall, in all events, cause to be removed on or before the Closing Date.

Title To Be Delivered. City Seller agrees to convey good and marketable fee simple title in the Expansion Property Premises to Expansion Property Purchaser subject only to easementssuch exceptions to title as Purchaser approves in writing. A. As soon hereafter as reasonably possible, restrictionsSeller at its sole cost and expense shall: 1. Cause to be issued and delivered to Purchaser a commitment for an ALTA Form B extended coverage owner’s title insurance policy issued by Title Company, conditions and covenants of record as wherein said insurer agrees to issue to Purchaser upon the recording of the Closing Date hereof Deed and the conveyance documents an ALTA Form B Owner’s Title Insurance Policy in the full amount of the Purchase Price. The commitment will be accompanied by copies of all recorded documents affecting the Premises. 2. Seller has delivered to Purchaser a copy of a survey of the extent not objected to Premises prepared by Expansion Property Purchaser as set forth a duly licensed land surveyor in this Agreement, and to the conditions subsequent set forth in Section 5.3, below: (1) CityState of Minnesota. Purchaser, at its sole cost and expense, shall deliver to Expansion Property Purchaser an abstract of title to may have the Expansion Property continued through the date of this Agreement reflecting merchantable title in City in conformity with this Agreement and applicable state law. The abstract shall be delivered together with full copies of any and all encumbrances and matters of record applicable to the Expansion Property, and such abstract shall become the property of Expansion Property Purchaser when the Purchase Price is paid in full in the aforesaid mannersurvey updated or supplemented. (2) Expansion Property 3. Seller has delivered to Purchaser a set of the Plans and Specifications of the Premises. Purchaser shall have until time of the Closing Date to render objections to title, including any easements or other encumbrances not satisfactory to Expansion Property Purchaser, in writing to City. Expansion Property Purchaser agrees, however, to review the Abstract promptly following Expansion Property Purchaser’s receipt of Expansion Property Purchaser’s land survey and the Abstract and to promptly provide City with any objections to title identified therein. Nothing herein shall be deemed to limit Expansion Property Purchaser ‘s rights to raise new title objections with respect to matters revealed in any subsequent title examinations and surveys and which were not identified in the Abstract provided by the City. City shall promptly exercise its best efforts to have such title objections removed or satisfied and shall advise Expansion Property Purchaser of intended action within ten (10) days after receipt of the above title commitment to render objections to title in writing to Seller, and Seller shall have twenty (20) days from the date it receives such actionobjections to have the same removed or satisfied. If City Seller shall fail to have such objections removed as of the Closing Datewithin that time, or any extension thereof consented to by Expansion Property Purchaser, Expansion Property Purchaser may, at its sole discretion, either (a) terminate this Agreement without any liability on its part, their part and any sums previously paid to City by Expansion Property Purchaser receive the Xxxxxxx Money (or paid into escrow for City's benefit) shall be returned to Expansion Property Purchaser together with interest) back, or (b) if the objections are such that they may be removed by the expenditures of sums of money, take title to the Premises and discharged such objections out of the Purchase Price, crediting the Purchase Price with the same, or (c) if the objections are such that they may not be removed by expenditures of sums of money, take title subject to such objections. City Seller agrees to use its his best reasonable efforts to promptly satisfy any such objections.