Common use of Notice of Title Defects and Title Benefits; Remedies Clause in Contracts

Notice of Title Defects and Title Benefits; Remedies. (a) If Seller discovers any Title Benefit, or Buyer discovers any Title Defect or Title Benefit, then such Party may (but shall have no obligation to, other than with respect to any Title Benefit discovered by Buyer, with respect to which Buyer shall be obligated to) deliver to the other Party, prior to the Defect Deadline, a Title Notice with respect to such Title Benefit or Title Defect, as applicable. Except as set forth in the special warranty of title contained in the Assignment, 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 (and, in the case of any Title Benefit discovered by Buyer, delivered to Seller) a Title Notice on or before the Defect Deadline.

Notice of Title Defects and Title Benefits; Remedies. (a) If Seller discovers Sellers discover any Title Benefit, or Buyer discovers any Title Defect or Title BenefitDefect, then such Party may (but shall have no obligation to, other than with respect to any Title Benefit discovered by Buyer, with respect to which Buyer shall be obligated to) deliver to the other Party, prior to the Defect Deadline, a Title Notice with respect to such Title Benefit or Title Defect, as applicable. Except as set forth in for the special warranty of title contained in the AssignmentLimited Representations, Seller Sellers and Buyer shall be deemed to have waived, and neither Buyer nor SellerSellers, respectively, shall have any liability for, any Title Benefit or Title Defect for which Buyer or SellerSellers, respectively, has not received (and, in the case of any Title Benefit discovered by Buyer, delivered to Seller) a proper Title Notice on or before the Defect Deadline. For the avoidance of doubt and except for the Limited Representations, if Buyer or Sellers fail to provide a Title Notice which satisfies the requirements set forth in the definition of Title Notice, then the relevant Title Defect(s) or Title Benefit(s), as the case may be, shall be deemed waived.

Notice of Title Defects and Title Benefits; Remedies. (a) If Seller discovers any Title Benefit, or Buyer discovers any Title Defect or Title BenefitDefect, then such Party may (but shall have no obligation to, other than with respect to any Title Benefit discovered by Buyer, with respect to which Buyer shall be obligated to) deliver to the other Party, on or prior to the Defect Deadline, a Title Notice with respect to such Title Benefit or Title Defect, as applicable. Except as set forth in the special warranty of title contained in the AssignmentAssignment 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 (and, in the case of any Title Benefit discovered by Buyer, delivered to Seller) a proper Title Notice on or before the Defect Deadline. For the avoidance of doubt, if Buyer or Seller fails to provide a Title Notice which satisfies the requirements set forth in the definition of Title Notice, then the relevant Title Defect(s) or Title Benefit(s), as the case may be, shall be deemed waived.

Notice of Title Defects and Title Benefits; Remedies. (a) If Seller discovers any Title Benefit, or Buyer discovers any Title Defect or Title Benefit, then such Party may (but shall have no obligation to, other than with respect to any Title Benefit discovered by Buyer, with respect to which Buyer shall be obligated to) deliver to the other Party, prior to the Defect Deadline, a Title Notice with respect to such Title Benefit or Title Defect, as applicable. Except as set forth in the special warranty of title Defensible Title contained in the Assignment, 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 (and, in the case of any Title Benefit discovered by Buyer, delivered to Seller) a Title Notice on or before the Defect Deadline.