Survey Defects definition
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.
Sellers shall have thirty (30) days from the Effective Date to cure any such Survey Defects.
Except as provided in Section 5.3.3 below, all Title Exceptions and Survey Defects other than those expressly set forth in the Title and Survey Side Letter or in Section 5.3.1 shall constitute “permitted exceptions” to title to the Real Property (the “Permitted Exceptions”).
If Purchaser fails to make the election within the aforesaid five (5) days, then it shall be conclusively presumed that Purchaser has elected to take title to the Property subject to the Survey Defects.
Within fifteen (15) days following Seller's receipt of a Defects Notice, Seller, at its option, shall notify Purchaser of those Title Defects and Survey Defects that Seller shall undertake to cure or correct ("Seller's Response").
If the Parties cannot agree on which Title Exceptions and Survey Defects shall constitute the Unpermitted Exceptions, Purchaser’s sole and exclusive remedy shall be to terminate this Agreement pursuant to the Due Diligence Contingency.
If the Parties agree on which Title Exceptions and Survey Defects shall constitute the Unpermitted Exceptions, the Parties shall enter into a side letter agreement with the Title Company setting forth which Title Exceptions and Survey Defects shall constitute the Unpermitted Exceptions (the “Title and Survey Side Letter”).
Seller shall have no obligation to cure any Title Exceptions or Survey Defects other than the Unpermitted Exceptions as set forth in the Title and Survey Side Letter or any New Title and Survey Election Notice.
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.
Any Survey or physical inspection requirements imposed as a condition to the issuance of the Title Policy may be satisfied by Seller as a Shared Closing Cost, except costs and expenses in respect to correcting Survey Defects which shall be paid by Seller.