DEFECTIVE TITLE. If the title is not good and cannot be made good within a reasonable time after written notice has been given that the title is defective, specifically pointing out the defects, Xxxxxxx Money shall be returned to Purchaser and the commission as specified in the listing or other agreement between the Broker(s) and the Seller, plus all costs of collection, including attorney fees, shall be paid by Seller to the Listing and/or Selling Broker(s).
DEFECTIVE TITLE. If after due diligence Seller shall be unable to give title or make conveyance or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in such event the time for performance hereof shall be extended for a period not to exceed thirty (30) days, or to the date upon which the Buyer’s mortgage commitment expires, whichever date occurs first. If at the expiration of the said extended time period the Seller shall have failed to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all payments made under this Agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this Agreement shall be void without recourse to the parties hereto.
DEFECTIVE TITLE. If Seller shall be unable to deliver good and marketable title or make conveyance as provided herein. Buyer at its option, may terminate this Agreement whereupon the deposit, if any, shall be refunded to the Buyer and all obligations of the parties shall cease.
DEFECTIVE TITLE. 19.1 If a third party claims that the Services, in whole or in part, and/or the performance of the Services, infringe someone’s proprietary rights or intellectual property right or individual rights, the Adviser shall indemnify NB against any and all claims against NB as a result of such third party claim, including costs, including attorneys’ fee, incurred by NB.
DEFECTIVE TITLE. In the event LANDLORD shall be unable to convey good and sufficient title to the subject premises, free and clear of all liens and encumbrances, other than those described or mentioned in LANDLORD'S description of the premises set forth in this option, TENANT shall have the option to accept such title as LANDLORD can convey and to pay therefor the full purchase price as specified in Paragraph (33) hereinabove, less a credit for the cost to correct any title defect, or remove any liens or encumbrances.
DEFECTIVE TITLE. If Seller is unable to give title or to make conveyance, or to deliver possession of the Project, or to satisfy all of the terms and conditions precedent to closing as set forth in this Agreement, all as herein stipulated, or if on the scheduled Closing date the Project does not conform with the provisions hereof, Buyer may elect, by written notice given to Seller on or before the Closing, either (a) to take title as provided in Section 13.02 (b) to extend, without any additional cost or expense to Buyer, the scheduled Closing to the fifth (5th) business day after the date of satisfaction of such condition without any additional cost or expense to Buyer during which period Seller shall remove all encumbrances, if any, which secure the payment of money, including, but not limited to, attachments and liens, and Seller shall use reasonable efforts to remove all other defects in title in accordance with Section 1.02(c), and to deliver possession and satisfy all conditions to Closing as provided herein, and to make the Project conform to the provisions herein, as the case may be, or (c) to terminate this Agreement as provided in Section 13.03.
DEFECTIVE TITLE. If title to the Premises cannot be conveyed to Purchaser at the time and date of Closing hereunder in accordance with the requirements of this Agreement for reasons currently unknown to Seller, then, in addition to all other remedies provided by law, including the right to specific performance, Purchaser shall have the option of:
DEFECTIVE TITLE. For purposes of the Agreement, Defective Title is defined as status of title, liens or encumbrances, other matters of record, or property status, as determined by Xxx in its preliminary review, which suggests that Lessor does not have title to all or any part of the Lease Premises with all property rights necessary and appropriate for Xxx to undertake the operations described in the Lease without unreasonable risk of claim by any third party (“Defective Title”). For the purposes of this Agreement, Xxx will not reject leases for effective Title if the sole reason for rejection would be a mortgage on a property of less than $500,000. The determination of Defective Title hereunder shall have no legal effect on the rights and obligations of the Parties set forth in the Lease, including without limitation, the Warrant of Title and Interest, Proportionate Reduction, and Curative Documents requirements contained therein.
DEFECTIVE TITLE. There is not, and so far as the Vendor is aware has not been, in force any policy relating to defective title or restrictive covenant indemnity for any Material Property.
DEFECTIVE TITLE. Within thirty (30) days from the date hereof, Purchaser shall have the title to the property searched. In the event the title to the Property is defective or unmarketable, or the Property is subject to liens, encumbrances, easements, conditions or restrictions, or encroachments which are not acceptable to Purchaser, the Purchaser shall immediately notify Seller of such defect(s). Seller may elect to remove said defect or refund to Purchaser all money paid to Seller, and this Agreement shall terminate and be of no further force and effect and neither party shall have any liability or obligation to the other hereunder, except that the Seller shall return to the Purchaser all option monies paid hereunder.
