Examples of New Exceptions in a sentence
If any additional exceptions to title other than those shown on the initial Title Commitment or Survey arise between the date of the initial Title Commitment, the Survey and the Closing (such exceptions to title being referred to herein as the "New Exceptions"), Purchaser shall have five (5) business days after its receipt of written notice of such New Exceptions within which to notify Seller of any such New Exceptions to which Purchaser objects.
If Purchaser objects to any such New Exceptions, Seller shall have until Closing to remove such New Exceptions, which removal may be accomplished by waiver or endorsement by the Title Company reasonably satisfactory to Purchaser.
Any such New Exceptions not objected to by Purchaser as aforesaid shall become "Permitted Exceptions" hereunder; provided, however, all New Exceptions created, caused by, or consented to by Seller shall be satisfied or removed at Closing and shall not constitute Permitted Exceptions unless such New Exceptions are expressly permitted in Section 4.5(c) or (d) hereof.
If Seller fails to remove any such New Exceptions as aforesaid, Purchaser may, as its sole and exclusive remedy, terminate this Contract and obtain a return of the Xxxxxxx Money Deposit and neither party shall have any further rights, duties, or obligations hereunder except for provisions of the Contract which expressly survive the termination of this Contract.
If Purchaser does not elect to terminate this Agreement, Purchaser shall consummate the Closing and accept title to the Property subject to all such New Exceptions (in which event, all such New Exceptions, together with all other Permitted Exceptions, shall be deemed "Permitted Exceptions" hereunder).
If Purchaser fails to deliver to Seller a notice of objections on or before such date, Purchaser will be deemed to have waived any objection to the New Exceptions, and the New Exceptions will be included as Permitted Exceptions.
If Seller does not deliver Seller’s New Exception Notice to Buyer within Seller’s New Exception Notice Period, Buyer is deemed to be notified that Seller is unable or unwilling to eliminate or cure the disapproved New Exception(s).
In the event the Title Company notifies Buyer of any New Exceptions to title after the Approval Date, Buyer shall have two (2) Business Days in which to notify Seller of its approval or disapproval of such New Exception.
Delivery of the Approval Notice to Seller prior to the end of the Due Diligence Period shall constitute Buyer’s approval of matters affecting title to the Property, including any such matters as are shown on the Survey, subject to Buyer’s rights under Section 4(h) and any New Exceptions.
If Hersha Owner elects (or is deemed to have elected) not to Remove one or more of the New Exceptions, then not more than five (5) Business Days after receipt of Hersha Owner’s Response (but in any event not later than the Closing Date), Owner JV shall by written notice to Hersha Owner either: (x) terminate this Agreement, or (y) waive the existence of such New Exception, in which case, any such New Exception shall automatically constitute a Permitted Exception.