Examples of Surface Deed in a sentence
The Surface Deed shall contain a special warranty of title, effective as of the Closing Date and surviving indefinitely, by which Seller warrants title as to each applicable real property interest conveyed thereby arising by, through or under Seller or any of its affiliates, but not otherwise, subject, however, to the Permitted Encumbrances.
Except as set forth in the special warranty of title contained in the Assignment and the Surface Deed, Seller and Buyer shall be deemed to have waived, and neither Buyer nor Seller, respectively, shall have any liability for, any Title Benefit or Title Defect for which Buyer or Seller, respectively, has not received a proper Title Notice on or before the Defect Deadline.
Except for the express representations and warranties of Seller contained in this Agreement and Seller’s certificate delivered pursuant to Section 9.2(b)(iii), and the special warranty of title set forth in the Assignment and the Surface Deed, at the Closing, the Conveyed Properties are sold, and Buyer accepts the Conveyed Properties “AS IS, WHERE IS AND WITH ALL FAULTS”.
Except for the special warranty of title set forth in the Assignment and the Surface Deed and for the representations and warranties expressly made by Seller in this Article IV and in any certificate delivered by it to Buyer at Closing pursuant to Section 9.2(b)(iii) and Buyer’s rights to any indemnity for a breach thereof at Closing, there are no representations or warranties that extend beyond the face of this Agreement as provided in (and subject to the terms and conditions of) Article XI.
Except for the express representations and warranties of Seller contained in this Agreement and Seller’s certificate delivered pursuant to Section 9.2(b)(iii), and the special warranty of title set forth in the Assignment and the Surface Deed, Seller does not make or provide, and Buyer hereby waives, any warranty or representation, express or implied, as to the quality, merchantability, fitness for a particular purpose, or of conformity to models or samples of materials.
Each Party acknowledges and agrees that, for purposes of Seller’s special warranty of title in the Assignment, the aggregate value of all claims made under the special warranty with respect to any Listed Interest shall not exceed the Allocated Value of such Listed Interest; provided that, for the avoidance of doubt, the Title Threshold and the Defect Deductible shall not apply to any claim made under the special warranty in the Assignment or the Surface Deed.