Reliance on Title Policy. With respect to all matters affecting title to the Project and any liens or other encumbrances affecting the Project, Buyer acknowledges and agrees it is relying upon its own title and survey investigations and title insurance policy (if such a policy is obtained by Buyer). If Buyer has a claim under any title insurance policy obtained by it and the subject matter of that claim also constitutes a breach of any warranty made by Seller in this Agreement or any document delivered by Seller at the Closing, Buyer shall look first to its title insurance policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the title company to final judgment and has not been made whole. The provisions of this Subparagraph C shall survive Closing or termination of this Agreement.
Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Premises and any liens or other encumbrances affecting the Premises, Buyer acknowledges and agrees it is relying upon its title insurance policy. If Buyer has a meritorious claim under its title insurance policy and the subject matter of that claim also constitutes a breach of any warranty made by Seller in this Agreement or the Deed, Buyer agrees that it will look first to its title insurance policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the Title Company to final judgment and has not been made whole; provided, however, that Buyer shall have the right to file an action against Seller prior to such final judgment if and to the extent necessary to prevent the expiration of the Survival Period (as defined in Paragraph 22(c) below) applicable to the warranty that has been breached. The provisions of this subparagraph (d) shall survive Closing and delivery of the Deed.
Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Real Property and any liens or other encumbrances affecting title to the Real Property, Buyer acknowledges and agrees that Buyer is relying upon the Title Policy. If Buyer has a claim under the Title Policy and the subject matter of that claim also constitutes a breach of any warranty made by Seller in this Agreement or the Deed, Buyer agrees that it will look first to the Title Policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the Title Company to final judgment and has not been made whole; provided, however, this provision shall not operate as a waiver of subrogation with respect to any right or remedy that Buyer or the Title Company may have against Seller. The provisions of this Section 4.3 shall survive Closing and delivery of the Deed.
Reliance on Title Policy. Buyer acknowledges that Seller makes no representation whether or not the Title Company will issue a title insurance policy on the Closing Date in any particular form or whether or not the Title Company will raise any additional exceptions to title at any time, omit any exceptions to title or issue any endorsements to the title insurance policy to be issued at the Closing, regardless of any information contained in the Title Commitment or disseminated between the date hereof and the Closing. Notwithstanding that the FATIC Title Commitment is attached to this Agreement, Buyer, at its sole cost and expense, shall pay at the Closing all premiums, charges and disbursements required by the Title Company for issuance of the title insurance policies and issuance of any endorsements Buyer may request. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Premises and any liens or other encumbrances affecting the Premises, Buyer acknowledges and agrees that if Buyer has a claim under its title insurance policy and the subject matter of that claim also constitutes a breach of any warranty made by Seller in this Agreement or the Deed, Buyer agrees that it will look first to its title insurance policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the Title Company to final judgment and has not been made whole. The provisions of this subparagraph (d) shall survive Closing and delivery of the Deed.
Reliance on Title Policy. Buyer acknowledges that Seller makes no representation or warranty regarding any Acquired Company’s title to any Parcels or any of the Real Property or any Title Company’s willingness to issue a title insurance policy on the Closing Date in any particular form. Buyer, at its sole cost and expense, shall pay at the Closing all premiums, charges and disbursements required by the Title Company in accordance including any endorsements Buyer may request. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Real Property and any liens or other encumbrances affecting the Real Property, Buyer acknowledges and agrees it is relying solely upon its title insurance policies and Seller makes no representations or warranties in connection therewith. The provisions of this Section 4(d) shall survive Closing indefinitely.
Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Premises and any liens or other encumbrances affecting the Premises, Buyer acknowledges and agrees it is relying upon its title insurance policy. If Buyer has a claim under its title insurance policy and the subject matter of that claim also constitutes a breach of Seller’s representation set forth in Paragraph 9(a)(v) or in Paragraph 9(a)(vii) in this Agreement or the Deed, Buyer agrees that it will look first to its title insurance policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the Title Company to final judgment and has not been made whole. The provisions of this subparagraph (d) shall survive Closing and delivery of the Deed.
Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Property (and/or any portion thereof), and any liens or other encumbrances affecting the Property (and/or any portion thereof), Purchaser acknowledges and agrees that it is solely relying upon the Title Policy. If Purchaser has any claim under the Title Policy, Purchaser agrees that it will look solely to the Title Policy for recovery on such claim, and Purchaser shall not assert any claim against Seller for a breach of a representation, warranty, or covenant with respect to such claim. This Section shall survive the Closing.
Reliance on Title Policy. Buyer shall rely on the Title Policy (and ------------------------ shall have no right or recourse against Seller) for any rights, assurances or protection pertaining to the condition of title to the Property.
Reliance on Title Policy. Notwithstanding anything contained in this Agreement to the contrary, with respect to all matters affecting title to the Premises and any liens or other encumbrances affecting the Premises, Buyer acknowledges and agrees it is relying upon its own title insurance policy. If Buyer has a claim under its title insurance policy and the subject matter of that claim BUSDOCS/1435908.8 also constitutes a breach of any warranty made by Seller in this Agreement, Buyer agrees that it will look first to its title insurance policy for recovery on such claim, and Buyer shall not assert any claim against Seller for a breach of a representation, warranty or covenant with respect to such claim unless and until Buyer has pursued its remedies against the Title Company to final judgment and has not been made whole. The provisions of this subparagraph (d) shall survive Closing. To the extent of any recovery Buyer obtains from Title Company under Buyer’s title insurance policy, Buyer hereby unconditionally waives any right which it may otherwise have against Seller on account of the matter as to which Buyer obtained such recovery, it being intended by the parties hereto that Title Company not be subrogated to any such claim which Buyer may have against Seller, to the extent of such recovery.
Reliance on Title Policy. Buyer acknowledges that Seller makes no representation regarding any Acquired Company’s title to any Parcels or any of the Real Property or any title insurance company’s willingness to issue a title insurance policy on the Closing Date in any particular form, other than as set forth in Seller’s Representations (as defined below). Except as expressly set forth in Seller’s Representations, with respect to all matters affecting title to the Real Property and any liens or other encumbrances affecting the Real Property, Seller makes no representations or warranties in connection therewith and Buyer shall rely on the existing title policies (or any updated or replacement title policies obtained by Buyer) in connection with the status of title to Parcels and the Real Property. The provisions of this Section 4(d) shall survive Closing indefinitely.
