Examples of Disapproved Title Matter in a sentence
Within seven (7) days after delivery of the Notice of Disapproved Title Matters, Seller shall notify Buyer in writing (“Seller’s Response to Notice of Disapproved Title Matters”) whether Seller will or will not cure any Disapproved Title Matter prior to the Closing Date, with such notice indicating in reasonable detail the manner in which Seller will cure any Disapproved Title Matter that Seller elects to cure.
The procurement by any Seller, at its option, of a written commitment from the Title Company to issue the Title Policy or an endorsement thereto reasonably satisfactory to Buyer as of the Closing (at such Seller’s sole cost and expense) and insuring Buyer against any Disapproved Title Matter (or any “Additional Title Matter” as defined below) shall be deemed a removal thereof from title to the Real Property.
If Seller does not deliver Seller’s Response to Notice of Disapproved Title Matters within the time period authorized for such notice, or delivers such notice but does not address each Disapproved Title Matter or part thereof, Seller shall be deemed to have elected not to cure the Disapproved Title Matters or the unaddressed part thereof.
If Seller failed to timely deliver a Title Response Notice as to a particular Disapproved Title Matter, then Seller shall be deemed to have made the election in clause (ii) above as to such Disapproved Title Matter.
If Seller fails to deliver a Title Response Notice as to a particular Disapproved Title Matter within such one (1) Business Day period, then Seller shall be deemed to have made the election in clause (b) above as to such Disapproved Title Matter.
For purposes of the foregoing, Seller shall cure any Disapproved Title Matter not timely listed in a Notice of Non-cure by either causing such Disapproved Title Matter(s) to be removed by the Closing or by obtaining, at Seller's expense, an endorsement or other curative effect acceptable to Buyer in Buyer's sole and absolute discretion.
Unless Buyer gives written notice ("Title Disapproval Notice") that it disapproves the exceptions to title shown on the Title Report or the matters disclosed by the Survey, stating the exceptions or matters so disapproved (each, a "Disapproved Title Matter"), not later than Friday, December 11, 2015, Buyer shall be conclusively deemed to have approved the Survey and the Title Report.
If Buyer timely delivers a Title Notice indicating a Disapproved Title Matter, then Seller shall have one (1) Business Day after receipt of such Title Notice to elect to notify Buyer in writing (a “Title Response Notice”) that Seller either (a) will in good faith attempt to remove such Disapproved Title Matter from title to the Property on or before the Closing, or (b) elects not to cause such Disapproved Title Matter to be removed from title to the Property.
If Seller agrees in writing to cure a Disapproved Title Matter prior to Closing but thereafter subsequently fails to do so, Seller shall be in material default hereunder and Purchaser shall be permitted to pursue the remedies provided in Section 13.2 hereof, subject to any notice and cure provisions relating thereto.
In the event Seller fails to satisfy a Disapproved Title Matter prior to or at Closing, then Buyer shall elect either (i) not to close the transaction contemplated hereby, in which event the Deposit shall be returned to Buyer and this Agreement shall be of no further force or effect or (ii) proceed to Closing without the removal or cure of such Disapproved Title Matter, with no reduction in the Purchase Price as a result thereof.