Common use of Title Warranty Clause in Contracts

Title Warranty. OPTIONOR SHALL CONVEY OPTIONOR’S INTERESTS IN AND TO THE ASSETS TO OPTIONEE AS PROVIDED IN THE FORM OF CONVEYANCE, ASSIGNMENT AND XXXX OF SALE ATTACHED AS EXHIBIT “I” HERETO. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE SHALL BE MADE WITHOUT WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WITHOUT RECOURSE, EVEN AS TO THE RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION (EXCEPT AS SPECIFICALLY PROVIDED HEREIN), EXCEPT THAT OPTIONOR SHALL WARRANT TITLE TO THE ASSETS AGAINST ALL CLAIMS, LIENS, BURDENS AND ENCUMBRANCES ARISING BY, THROUGH OR UNDER OPTIONOR, BUT NOT OTHERWISE AND NOT WITH RESPECT TO ANY IMPAIRMENT OR FAILURE OF TITLE RELATED TO ANY LACK OF PRODUCTION IN PAYING QUANTITIES. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE SHALL BE MADE WITH FULL SUBSTITUTION AND SUBROGATION TO OPTIONEE IN AND TO ALL COVENANTS AND WARRANTIES BY OTHERS HERETOFORE GIVEN OR MADE TO OPTIONOR WITH RESPECT TO THE ASSETS. IMBALANCES WITH RESPECT TO OIL OR NATURAL GAS ARE GOVERNED BY ARTICLE 17 HEREOF. THE PARTIES AGREE THAT THE EXISTENCE OF ANY SUCH IMBALANCES SHALL NOT BE DEEMED A TITLE DEFECT.

Title Warranty. OPTIONOR SELLER SHALL CONVEY OPTIONOR’S SELLER'S INTERESTS IN AND TO THE ASSETS TO OPTIONEE BUYER AS PROVIDED IN THE FORM OF CONVEYANCE, ASSIGNMENT AND XXXX OF SALE ATTACHED AS EXHIBIT “IC” HERETO. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE SHALL BE MADE WITHOUT WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WITHOUT RECOURSE, EVEN AS TO THE RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION (EXCEPT AS SPECIFICALLY PROVIDED HEREIN)CONSIDERATION, EXCEPT THAT OPTIONOR SELLER SHALL WARRANT TITLE TO THE ASSETS WITHIN THE DELHI XXXX XXXXXX UNIT (AND ONLY SUCH ASSETS) AGAINST ALL CLAIMS, LIENS, BURDENS AND ENCUMBRANCES ARISING BY, THROUGH OR UNDER OPTIONORSELLER, BUT NOT OTHERWISE AND NOT WITH RESPECT TO ANY IMPAIRMENT OR FAILURE OF TITLE RELATED TO ANY LACK OF PRODUCTION IN PAYING QUANTITIES. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE SHALL BE MADE WITH FULL SUBSTITUTION AND SUBROGATION TO OPTIONEE BUYER IN AND TO ALL COVENANTS AND WARRANTIES BY OTHERS HERETOFORE GIVEN OR MADE TO OPTIONOR SELLER WITH RESPECT TO THE ASSETS. IMBALANCES WITH RESPECT TO OIL OR NATURAL GAS ARE GOVERNED BY ARTICLE 17 18 HEREOF. THE PARTIES AGREE THAT THE EXISTENCE OF ANY SUCH IMBALANCES SHALL NOT BE DEEMED A TITLE DEFECT.

Title Warranty. OPTIONOR SELLER SHALL CONVEY OPTIONORSELLER’S INTERESTS IN AND TO THE ASSETS TO OPTIONEE BUYER AS PROVIDED IN THE FORM OF CONVEYANCEASSIGNMENT, ASSIGNMENT CONVEYANCE AND XXXX OF SALE ATTACHED AS EXHIBIT “ID” HERETOHERETO (THE “CONVEYANCE”). THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE CONVEYANCE SHALL BE MADE WITHOUT WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WITHOUT RECOURSE, EVEN AS TO THE RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION (EXCEPT AS SPECIFICALLY PROVIDED HEREIN)CONSIDERATION, EXCEPT THAT OPTIONOR THAT, SUBJECT TO THE PERMITTED ENCUMBRANCES, SELLER SHALL WARRANT TITLE TO THE ASSETS AGAINST ALL CLAIMS, LIENS, BURDENS AND ENCUMBRANCES ARISING BY, THROUGH OR UNDER OPTIONORSELLER, BUT NOT OTHERWISE AND NOT WITH RESPECT TO ANY IMPAIRMENT OR FAILURE OF TITLE RELATED TO ANY LACK OF PRODUCTION IN PAYING QUANTITIES. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE CONVEYANCE SHALL BE MADE WITH FULL SUBSTITUTION AND SUBROGATION TO OPTIONEE BUYER IN AND TO ALL COVENANTS AND WARRANTIES BY OTHERS HERETOFORE GIVEN OR MADE TO OPTIONOR SELLER WITH RESPECT TO THE ASSETS. IMBALANCES WITH RESPECT TO OIL OR NATURAL GAS ARE GOVERNED BY ARTICLE 17 HEREOF. THE PARTIES AGREE THAT THE EXISTENCE OF ANY SUCH IMBALANCES SHALL NOT BE DEEMED A TITLE DEFECT.

Title Warranty. OPTIONOR SHALL CONVEY OPTIONOR’S INTERESTS CLIENT WARRANTS THAT IT IS THE OWNER OR LEGAL CUSTODIAN OF THE STORED MATERIALS AND HAS FULL AUTHORITY TO STORE SAID DEPOSITS IN AND ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. INDEMNIFICATION UNLESS CAUSED BY THE NEGLIGENCE OF COMPANY TO THE ASSETS EXTEND ALLOWED UNDER LAW, CLIENT AGREES TO OPTIONEE FULLY INDEMNIFY AND HOLD HARMLESS COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FOR ANY LIABILITY, COSTS OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT COMPANY MAY SUFFER OR INCUR AS PROVIDED IN THE FORM A RESULT OF CONVEYANCECLAIMS , ASSIGNMENT DEMANDS, COSTS, OR JUDGMENTS AGAINST IT ARISING OUT OF ITS RELATIONS WITH CLIENT OR THIRD PARTIES PURSUANT TO THIS AGREEMENT. FURTHER, UNLESS CAUSED BY NEGLIGENCE OF CLIENT, TO EXTENT ALLOWED UNDER LAW, COMPANY AGREES TO FULLY INDEMNIFY AND XXXX HOLD HARMLESS CLIENT, ITS OFFICERS, EMPLOYEES AND AGAINST OF SALE ATTACHED ANY LIABILITY , COST OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT CLIENT MAY SUFFER OR INCUR AS EXHIBIT “I” HERETO. THE CONVEYANCEA RESULT OF CLAIMS, ASSIGNMENT AND XXXX DEMANDS, COSTS, OR JUDGEMENTS AGAINST IT ARISING OUT OF SALE SHALL BE MADE WITHOUT WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY ITS RELATIONS WITH CLIENT OR OTHERWISE, AND WITHOUT RECOURSE, EVEN AS THIRD PARTIES PURSUANT TO THE RETURN AGREEMENT. RULES CLIENT SHALL NOT, AT ANY TIME, STORE WITH COMPANY ANY NARCOTICS, MATERIALS CONSIDERED TO BE HIGHLY FLAMMABLE, EXPLOSIVE, TOXIC, RADIOACTIVE, ORGANIC MATERIAL WHICH MAY ATTRACT VERMIN OR INSECTS, OR ANY OTHER MATERIALS WHICH OTHERWISE ILLEGAL, DANGEROUS AND UNSAFE TO STORE OR HANDLE IN AN ENCLOSED AREA. COMPANY RESERVES THE RIGHT OT OPEN AND INSPECT ANY DEPOSITS TENDERED FROM STORAGE AND REFUSE ACCEPTANCE OF THE PURCHASE PRICE OR OTHER CONSIDERATION (EXCEPT AS SPECIFICALLY PROVIDED HEREIN), EXCEPT THAT OPTIONOR ANY DEPOSITS WHICH FAIL TO COMPLY WITH COMPANY’S STORAGE RESTRICTIONS AND GUIDELINES. CONFIDENTIALITY COMPANY AND ITS EMPLOYEES SHALL WARRANT TITLE TO THE ASSETS AGAINST ALL CLAIMS, LIENS, BURDENS HOLD CONFIDENTIAL INFORMATION OBTAINED AND ENCUMBRANCES ARISING BY, THROUGH OR UNDER OPTIONOR, BUT NOT OTHERWISE AND NOT WITH RESPECT TO ANY IMPAIRMENT OR FAILURE OF TITLE RELATED TO ANY LACK OF PRODUCTION IN PAYING QUANTITIES. THE CONVEYANCE, ASSIGNMENT AND XXXX OF SALE SHALL BE MADE WITH FULL SUBSTITUTION AND SUBROGATION TO OPTIONEE IN AND TO ALL COVENANTS AND WARRANTIES RECEIVED BY OTHERS HERETOFORE GIVEN OR MADE TO OPTIONOR IT WITH RESPECT TO THE ASSETSSTORED MATERIALS. IMBALANCES COMPANY SHALL EXERCISE THAT DEGREE OF CARE IN SAFEGUARDING DEPOSITS ENTRUSTED TO IT BY CLIENT WHICH A REASONABLE CAREFUL COMPANY WOULD EXERCISE WITH RESPECT TO OIL SIMILAR RECORDS OF ITS OWN; PROVIDED, HOWEVER, THE LIABILITY OF COMPANY TO CLIENT SHALL BE LIMITED AS SET FORTH IN THIS AGREEMENT. LEGAL EXPENSES IN THE EVENT EITHER PARTY DEFAULTS IN THE PERFORMANCE OF ANY OF ITS OBLIGATIONS CONTAINED IN THIS AGREEMENT, AND PLACES ENFORCEMENT OF THIS AGREEMENT, OR NATURAL GAS ANY PART THEREOF, OR THE COLLECTION OF ANY AMOUNTS DUE OR TO BECOME DUE HEREUNDER IN THE HANDS OF ANY ATTORNEY, PARTIES SHAL PAY ALL COSTS INCURRED BY THE DEFAULTING PARTY AT AND IN PREPARATION FOR MEDIATION, TRIAL, APPEAL, REVIE, AND PROCEEDING IN BANKRUPTCY COURT , INCLUDING, BUT NOT LIMITED TO, SUCH REASONABLE ATTORNEY’S FEES. MISCELLANEOUS NEITHER PARTY MAY ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE OTHER PARTY. THIS INSTRUMENT (TOGETHER WITH ANY SCHEDULES ATTACHED AND DOCUMENT INCORPORATE HEREIN) CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND SUPERSEDES ANY AND ALL PRIOR AGREEMENT ARRANGEMENTS AND UNDERSTANDING , WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES. NO MODIFICATION OF THIS AGREEMENT SHALL BE BINDING UNLESS IN WRITING, ATTACHED HERETO, AND SIGNED BY THE PARTY AGAINST WHICH IT IS SOUGHT TO BE ENFORCED. NO WAIVER OR ANY RIGHT OR REMEDY SHALL BE EFFECTIVE UNLESS IN WRITING NEVERTHELESS, SHALL NOT OPERATE AS A WAIVER OF ANY OTHER RIGHT OR REMEDY ON A FUTURE OCCASION. EVERY PROVISION OF THIS AGREEMENT INTENDED TO BE SEVERABLE. IF ANY TERM OF PROVISION IS ILLEGAL, INVALID OR UNENFORCEABLE THEY SHALL BE ADDED AUTOMATICALLY AS PART OF THIS AGREEMENT, A PROVISION AS SIMILAR IN TERMS AS NECESSARY TO RENDER SUCH PROVISION LEGAL, INVALID , AND ENFORCEABLE. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE SATE OF SOUTH CAROLINA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW PRINCIPLES. ALL SCHEDULE, IF ANY ATTACHED HERETO ARE GOVERNED HERBY INCORPORATED BY ARTICLE 17 REFERENCE AND MADE A PART HEREOF. THE PARTIES AGREE THAT THE EXISTENCE OF ANY SUCH IMBALANCES TERM “AGREEMENT” AS USED HEREIN SHALL NOT BE DEEMED TO INCLUDE ALL SUCH SCHEDULES. ALL NOTICES UNDER THIS AGREEMENT SHALL BE IN WRITING. UNLESS DELIVERED PERSONALLY, ALL NOTICES SHALL BE ADDRESSED TO THE APPROPRIATE ADDRESSES NOTED HEREIN, OR AS OTHERWISE NOTED IN WRITING IN ACCORDANCE WITH THIS PROVISION. NOTICES SHALL BE DEEMED TO HAVE BEEN RECEIVED AS OF THE DATE OF POSTING IF MAILED IN ACCORDANCE WIH THIS SECTION. ALL WORDS AND PHRASES IN THIS AGREEMENT SHALL BE CONSTRUED TO INCLUDE THE SINGULAR OR PLURAL NUMBER, AND THE MASCULINE, FEMININE OR GENDER-N NEUTRAL GENDER, AS THE CONTEXT REQUIRES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR CONSTRUED TO CONSTITUTE OR CREATE A TITLE DEFECTPARTNERSHIP, ASSOCIATION, JOINT VENTURE, OR AGENCY BETWEEN THE PARTIES HERETO. THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT SHALL BE BINDING UPON THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. ACCOUNT INFO BUSINESS NAME CONTACT PERSON PHONE NUMBER EMAIL SIGNATURE DATE RECEIVING WAREHOUSE RATES STANDARD BOX RECEIVING………………………….10 BOXED ITEMS UNDER ESTIMATED 36 INCHES ON LONGEST SIDE LARGE AND OVERSIZED BOX RECEIVING………….25 BOXED ITMES ESTIMATED OVER 36 INCHES ON LONGEST SIDE NON-BOXED STANDARD ITEM RECEIVING…………15 ITEMS ESTIMATED LESS THAN 36 INCHES NON-BOXED OVERSIZED ITEM RECEIVING…………35 ITEMS ESTIMATED MORE THAN 36 INCHES STANDARD CRATE ITEM RECEIVING…………………75 INCLUDES LARGED BOXED ITEMS OVER 150 LBS OVERSIZED CRATE ITEM RECEIVING…………………100 CRATES OVER 300 LBS WAREHOUSE PAYMENTS ARE PROCESSED ON THE FIRST OF EACH MONTH WITH THE CREDIT CARD ON FILE. IF PAYMENT IS NOT PROCESSED A LATE FEE OF 10% WILL BE ADDED TO YOUR INVOICE. ALL ITEMS RECEIVED WILL HAVE A RECEIVING FEE. STORAGE (PLEASE SELECT WHICH OPTION YOU PREFER. CHANGES CAN BE MADE AT ANYTIME TO UPGRADE) O 100 CUBIC SQFT STORAGE SPACE……..…..…250 MONTH TO MONTH, NO CONTRACT, 30 DAY CANCELLATION NOTICE O LONG TERM STORAGE FEE…………..…..……(0.04) DAILY RATE PER CUBIC SQFT ITEMS ARE CHECKED IN, EXTERIOR INSPECTED AND PLACED INTO DESIGNATED SPACE. ANY EXTERIOR DAMAGE WILL BE NOTED AND WILL REQUIRE AND OPEN AND INSPECT.

Title Warranty. OPTIONOR SELLER SHALL CONVEY OPTIONOR’S SELLER'S INTERESTS IN AND TO THE ASSETS TO OPTIONEE BUYER AS PROVIDED IN THE FORM OF CONVEYANCE, ASSIGNMENT AND XXXX BILL OF SALE ATTACHED AS EXHIBIT “I” EXHXXXX "C" HERETO. THE CONVEYANCE, ASSIGNMENT AND XXXX BILL OF SALE SHALL BE MADE WITHOUT WXXXXUT WARRANTY OF TITLE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WITHOUT RECOURSE, EVEN AS TO THE RETURN OF THE PURCHASE PRICE OR OTHER CONSIDERATION (EXCEPT AS SPECIFICALLY PROVIDED HEREIN)CONSIDERATION, EXCEPT THAT OPTIONOR SELLER SHALL WARRANT TITLE TO THE ASSETS WITHIN THE DELHI HOLT BRYANT UNIT (AND ONLY SXXX XXXXXX) AGAINST ALL CLAIMS, LIENS, BURDENS AND ENCUMBRANCES ARISING BY, THROUGH OR UNDER OPTIONORSELLER, BUT NOT OTHERWISE AND NOT WITH RESPECT TO ANY IMPAIRMENT OR FAILURE OF TITLE RELATED TO ANY LACK OF PRODUCTION IN PAYING QUANTITIES. THE CONVEYANCE, ASSIGNMENT AND XXXX BILL OF SALE SHALL BE MADE WITH WXXX FULL SUBSTITUTION AND SUBROGATION TO OPTIONEE BUYER IN AND TO ALL COVENANTS AND WARRANTIES BY OTHERS HERETOFORE GIVEN OR MADE TO OPTIONOR SELLER WITH RESPECT TO THE ASSETS. IMBALANCES WITH RESPECT TO OIL OR NATURAL GAS ARE GOVERNED BY ARTICLE 17 18 HEREOF. THE PARTIES AGREE THAT THE EXISTENCE OF ANY SUCH IMBALANCES SHALL NOT BE DEEMED A TITLE DEFECT.