Examples of Survey Defects in a sentence
Seller shall have no obligation to remove or cure any Title Exceptions or Survey Defects other than the Unpermitted Exceptions.
At Closing, Seller shall convey to Purchaser the Property subject to all Title Exceptions and Survey Defects other than the Unpermitted Exceptions which are cured by causing the Title Company to insure over such Unpermitted Exceptions in the Title Policy, but which otherwise are not removed from title.
Sellers shall have thirty (30) days from the Effective Date to cure any such Survey Defects.
Any Survey Defects that are waived or accepted by Buyer shall also constitute a Permitted Exception to title.
On the Closing Date, Seller shall be responsible for the cost of recording fees for the Removable Exceptions (as hereinafter defined) and Survey Defects (as hereinafter defined) which Seller is obligated or agreed to correct per Section 9(d).
The failure of Seller to provide written notice, on or before the expiration of Seller’s Survey Cure Period, of Seller’s agreement to cure any Survey Defect shall constitute Seller’s election not to cure such Survey Defects.
Purchasers shall be deemed to have accepted the condition of title and any such Unpermitted Exceptions and Survey Defects unless they have given Sellers timely notice prior to or on the expiration of the Due Diligence Period, after which time any such Unpermitted Exceptions and Survey Defects shall be Permitted Exceptions.
If Seller fails to cure any of the Survey Defects, Buyer’s sole and exclusive remedy shall be to either (i) terminate this Agreement by written notice to Sellers given on or before the Closing Date without recourse against Sellers and to obtain a refund of the Deposit from the Escrow Agent, or (ii) to accept the condition of the Land and Hotels in their then condition without reduction of the Purchase Price or reservation of any claim against Seller.
The Title Exceptions and Survey Defects set f01th in any Buyer's Title/Survey Objection Letter are referred to collectively herein as the "Unpermitted Exceptions").
If such Survey Defects are not cured by the closing date, the Purchasers may, at the Purchasers’ option, terminate this Agreement, alternatively set a date with the Seller to extend the closing date to a mutually agreed upon closing date so as to provide the Seller with an additional opportunity to cure said Survey Defects.