New Survey Sample Clauses

New Survey. Purchaser shall, at Purchaser's sole cost and expense, promptly obtain a new survey of the Property ("New Survey") which New Survey shall include all the Lender Requirements (as hereinafter defined). Purchaser shall use commercially reasonable efforts to obtain the New Survey on or before August 21, 2015. If and only if the New Survey either (a) contains a material adverse inconsistency with or deviation from the Old Survey, or (b) the Purchaser's lender for the Project objects to the Lender Requirements as reflected on the New Survey, Purchaser shall have the option, exercisable until 5:00 p.m. Central Time on August 23, 2015 by written notice to Seller (which notice may be given by email without the need for confirming overnight messenger), to terminate this Contract, in which case the Xxxxxxx Money (other than the Nonrefundable Deposit which will be paid to Seller) shall be refunded to Purchaser, and neither party will have any further rights or obligations pursuant to this Contract, other than as set forth herein with respect to rights or obligations that survive termination. For purposes hereof, "Table A" shall mean Table A of the Minimum Standard Detail Requirements for ALTA/ASCM Land Title Surveys effective 2/23/2011. For purposes hereof, the "Lender Requirements" shall mean:
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New Survey. At Seller's election or if an updated survey is required by law to complete the transaction, Seller shall obtain a new boundary survey of the Property (the "New Survey") prepared by a licensed land surveyor after the Auction and prior to the Closing. If adjoining tracts are purchased, the New Survey may omit internal tract boundaries and consist of only the external perimeter of the combined tracts. The cost of the New Survey shall be split equally between Seller and Buyer.
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New Survey. Seller shall deliver to Buyer, as part of the Due Diligence Documents, a copy of the most recent surveys of the Property in Seller’s possession (the “Existing Survey”). In the event Buyer commissions new surveys of the Property (the “New Survey”), then Seller shall provide all cooperation reasonably requested by Buyer regarding the preparation of the New Surveys. Buyer shall be responsible for all costs associated with the New Surveys. The New Surveys shall be certified to Seller, Buyer, and the Title Company. Seller shall receive a signed original of the final New Surveys as soon as it is available and in any event, at or prior to Closing.
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New Survey. Seller shall deliver to Buyer, as part of the Due Diligence Documents, a copy of the most recent survey of the Property in Seller’s possession (the “Existing Survey”). Buyer shall commission a new survey of the Property (the “New Survey”) as soon as reasonably possible after receipt of the Title Commitment. Seller shall provide all cooperation reasonably requested by Buyer regarding the preparation of the New Survey. Buyer shall be responsible for all costs associated with the New Survey; provided, however, if this transaction closes, then Seller shall provide Buyer with a credit at Closing equal to the cost of the New Survey, in an amount not to exceed $5,000.00. The New Survey shall be certified to Seller, Buyer, and the Title Company and re-certified prior to Closing. Seller shall receive a signed original of the final New Survey at or prior to Closing. The Title Commitment, Existing Survey and New Survey are sometimes collectively referred to as the “Title Evidence.”
Sample 1
New Survey. 3.2.1. Seller has previously ordered an ALTA/ACSM survey of the Property (the “New Survey”), which Seller agrees to make available to Purchaser in order for Purchaser to have the survey exception deleted from the Title Policy if Purchaser agrees to pay one-half of the cost thereof at Closing.
Sample 1
New Survey. A new post-Auction survey of the Real Estate shall be obtained prior to Closing if and only if this purchase does not include both Tracts 1 and 2 combined. If a new survey is obtained: (a) the survey shall be ordered by an agent of the Seller; (b) the survey shall be sufficient for the purpose of recording the conveyance, but the type of survey shall otherwise be determined solely by the Seller; and (c) the survey shall identify the perimeter boundaries of the surveyed land, but a more detailed ALTA survey shall not be required or obtained unless otherwise agreed by Seller in its sole discretion. The cost of any survey obtained in accordance with the provisions of this Section (“New Survey”) shall be shared equally (50:50) by Xxxxxx and Buyer(s).
Sample 1
New Survey. Each Grantee shall have the right to cause a new survey of the property to be conducted at its expense prior to Closing, or, in the alternative, Grantee may accept and use any existing survey of Grantor. If Grantee obtains a new survey, Grantor will, if requested, use in the deed of conveyance the description which is in accordance with the new boundary survey of the property and which is approved by the Title Company.
Sample 1
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New Survey. Within thirty (30) days after the Effective Date ofthis Agreement (said thirty (30) day time period being referred to herein as the "New Survey Period"), Buyer, at Buyer's sole cost and expense, shall deliver to Seller an accurate boundary survey (and/or, at Buyer's option and in Buyer's sole and absolute discretion, an ALTA/ACSM Land Title Survey) to be made ofthe Property by a registered South Carolina surveyor of Buyer's choice (the "New Survey"). Within five (5) days following Buyer's receipt of the New Survey, Buyer shall deliver three (3) copies ofthe New Survey to Seller. Prior to Closing, Buyer, at Buyer's sole cost and expense, shall obtain all necessary permits and approvals from the proper governmental NPCHARl:1202914.2 EXECUTION VERSION
Sample 1
New Survey. 201 9.1. New Survey. A New Survey in the form of an ALTA LAND SURVEY PLAT is required. Seller will order the New 202 ILC or New Survey. The cost of the New Survey will be paid, on or before Closing, by SELLER.
Sample 1

Related to New Survey

  • Title Commitment and Survey (a) Buyer has received and reviewed a copy of the Title Commitment and the Existing Survey. Buyer is solely responsible for obtaining any updated title commitments, surveys, or any other title related matters Buyer desires with respect to the Assets at Buyer’s sole cost and expense. Buyer shall have until not later than 5:00 p.m. Eastern Time on the date that is no later than ten (10) days prior to the end of the Due Diligence Period (the “Title Report Objection Date”), to notify Seller’s attorney in writing (the “Title Report Objection Notice”) as to any items shown on the Title Commitment (as updated if applicable) that Buyer believes are not Permitted Exceptions. Buyer’s failure to timely deliver the Title Report Objection Notice on or prior to the 5:00 p.m. Eastern Time on the Title Report Objection Date shall constitute Buyer’s irrevocable acceptance of the Title Commitment and Buyer shall be deemed to have unconditionally waived any right to object to any matters set forth therein. If Buyer timely delivers a Title Report Objection Notice, Seller shall have seven (7) days after receipt of such notice to notify Buyer (i) that Seller will remove or cause to be removed such objectionable exceptions from title on or before the Closing, in which case the provisions of subsection 8.3(b) shall apply; or (ii) that Seller elects not to cause such exceptions to be removed at which time Buyer may elect, prior to the end of the Due Diligence Period, to accept the Title in its current condition or terminate this Agreement in which event the Deposit shall be promptly delivered to Seller and the parties shall have no further obligations to each other except for those that expressly survive the termination of this Agreement. Nothing in this subsection shall require Seller, despite any election by Seller to attempt to discharge any title exceptions, to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, other than with respect to the Pre-Effective Date Seller Encumbrances, Post Effective Date Monetary Encumbrances and Post Effective Date Seller Encumbrances (as hereinafter defined) pursuant to Section 8.3 of this Agreement.

  • Title Commitment A title commitment (“Title Commitment”) from a title company selected by the Seller to the Buyer’s approval (“Title Company”), together with a copy of each instrument, agreement or document listed as an exception to title in such Title Commitment;

  • Survey Buyer may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey ("Survey Problems"). The cost of the survey shall be paid by the Buyer. Not later than business days prior to the Closing, Buyer shall notify Seller of any Survey Problems which shall be deemed to be a defect in the title to the Property. Seller shall be required to remedy such defects within business days and prior to the Closing. If Seller does not or cannot remedy any such defect(s), Buyer shall have the option of canceling this Agreement, in which case the Xxxxxxx Money shall be returned to Buyer.

  • Title and Survey (a) The Seller shall order and cause to be delivered to each of the Buyer and the Seller a commitment for the Title Policy from the Title Company, together with all underlying title exception documents. The Buyer shall, at its expense, order and cause to be delivered to each of the Buyer and the Seller, an ALTA survey of the Property. After receipt of the survey and the title commitment, the Buyer shall notify the Seller of any defects in title or survey shown by such commitment and/or ALTA survey that the Buyer is unwilling to accept. Within 5 days after such notification, the Seller shall notify the Buyer whether the Seller is willing to cure such defects; the Seller’s failure to so notify the Buyer shall be deemed to be the Seller’s refusal to cure all such defects (except for any defects consisting of those items in the last sentence of this SECTION 3.2 below expressly required to be cured by the Seller). The Seller may cure any defect by causing the Title Company, at the Seller’s sole cost and expense, to omit such defect as an exception to the Title Policy or to “insure over” such defect to the Buyer’s reasonable satisfaction. If the Seller is willing to cure such defects, the Seller shall act promptly, diligently and use commercially reasonable efforts to cure such defects at its expense. Subject to those items below expressly required to be cured by the Seller, if the Seller is unwilling or unable to cure any other such defects by Closing (or fails to notify Buyer and therefore has elected not to cure such defects), then the Buyer shall elect, within 5 days after written notice thereof from the Seller to the Buyer (or within 5 days after the Seller’s time for giving notice has expired without any notice from the Seller), by giving the Seller written notice that the Buyer either (i) waives such defects and shall proceed to Closing without any abatement in the Purchase Price with respect thereto, or (ii) terminates this Agreement and shall be entitled to receive a full and immediate refund of the Xxxxxxx Money and, upon return of the Xxxxxxx Money, this Agreement shall terminate and the Buyer and the Seller shall have no further rights, liabilities or obligations hereunder (except as expressly survive the termination of this Agreement). In the event that the Buyer does not make such election within the applicable time frame, the Buyer shall be deemed to have elected to waive any such defects pursuant to clause (i) above. Subject to those items below expressly required to be cured by the Seller, all title matters not objected to by the Buyer during the Study Period (or objected to but which the Seller declines, or is deemed to decline, to cure as provided above without the Buyer thereafter electing to terminate this Agreement) shall be deemed “Permitted Title Exceptions.” Notwithstanding the foregoing, if any such defects of title consist of mortgages or deeds of trust, any other monetary liens and/or tax liens (other than liens for taxes not yet due and payable), the Buyer shall be deemed to have notified the Seller that the Buyer is unwilling to accept such defects and the Seller covenants and agrees that at or prior to Closing the Seller shall cure by payment, bonding, or escrow deposit acceptable to the Title Company (and the Escrow Agent is authorized to pay and discharge at Closing from the Seller’s proceeds, if not so cured) and cause to be cancelled and discharged such monetary title defects.

  • Title Policy Seller shall furnish to Buyer at ❑ Seller’s ❑ Xxxxx’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions:

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