Common use of Remedies for Title Defects Clause in Contracts

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc), Purchase and Sale Agreement (Petroquest Energy Inc)

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Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)thereto, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or reasonably cured on or before Closingthe expiration of the applicable Cure Period, Seller shall, at its sole option, elect tothe following shall occur:

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Atlas Energy Resources, LLC), Purchase and Sale Agreement (Atlas Energy, Inc.), Purchase and Sale Agreement

Remedies for Title Defects. (a) Subject to Seller’s the continuing right of Seller to dispute the existence of a an asserted Title Defect and/or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(f), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.04(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Legacy Reserves Lp), Purchase and Sale Agreement (Linn Energy, LLC)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f)3.15, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 3.6 is not waived in writing by Buyer or is not cured on or before Closing, Seller shall, at its sole optionoption (except as otherwise provided below), elect to:

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (EP Energy LLC), Purchase and Sale Agreement (Atlas Resource Partners, L.P.)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto in accordance with this Section 11.2 and subject to the rights of the parties pursuant to Section 14.1(f)14.1, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before Closing (or subsequent Closing, if applicable, pursuant to subsection (c) above), Seller shall, at its sole option, elect to:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Houston Exploration Co), Purchase and Sale Agreement (Houston Exploration Co)

Remedies for Title Defects. (a) Subject to Seller’s the continuing right of Seller to dispute the existence of a an asserted Title Defect and/or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f15.01(f), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.03(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Kodiak Oil & Gas Corp)

Remedies for Title Defects. Subject to the rights of the parties pursuant to Section 13.1, and subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)by Buyer, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a10.2(a) is not waived in writing by Buyer or cured on or before Closingthe last day of the Cure Period to Buyer’s reasonable satisfaction, Seller shall, at its sole option, the parties shall mutually agree to elect toone of the following remedies:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Atlas Resource Partners, L.P.), Purchase and Sale Agreement

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted by Buyer with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)thereto, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a8.2(a) is not waived in writing by Buyer or cured on or before Closingthe Closing Date, then, subject to the provisions of Section 8.2(h), Seller shall, at its sole option, elect to:

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Midstates Petroleum Company, Inc.)

Remedies for Title Defects. (a) Subject to Seller’s the continuing right of Seller to dispute the existence of a an asserted Title Defect and/or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(f), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.04(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its Seller's sole option, elect to:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Legacy Reserves Lp), Purchase and Sale Agreement

Remedies for Title Defects. Subject to Seller’s continuing right to title dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to resolution under Section 14.1(f)4.3, in the event that any Title Defect is timely asserted by Buyer in accordance with Section 11.2(a4.2(c) and is not waived in writing by Buyer or cured on or before Closing, Seller shallshall elect, at in its sole optiondiscretion, elect tofrom among the following:

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Kodiak Oil & Gas Corp)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f14.1(c), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before Closing, then, subject to the Individual Title Defect Threshold and the Title Deductible, Seller shall, at its sole option, elect to:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Vanguard Natural Resources, LLC), Purchase and Sale Agreement

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f14.1(c), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before Closing, then, subject to the Individual Title Defect Threshold and the Defect Deductible, Seller shall, at its sole option, elect to:

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Range Resources Corp), Purchase and Sale Agreement

Remedies for Title Defects. Subject to Seller’s the Sellers’ continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to in accordance with this Section 14.1(f2.05(b), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a2.05(b)(i) is not waived in writing by Buyer or cured on or before Closing, Seller the Sellers shall, at its their sole option, elect to:

Appears in 2 contracts

Samples: Contribution and Sale Agreement (Eagle Rock Energy Partners L P), Contribution and Sale Agreement (Eagle Rock Energy Partners L P)

Remedies for Title Defects. Subject (a)Subject to Seller’s the continuing right of Seller to dispute the existence of a an asserted Title Defect and/or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(g), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.04(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its Seller’s sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

Remedies for Title Defects. (a) Subject to Seller’s the continuing right of the Sellers to dispute the existence of a an asserted Title Defect and/or or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(f), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.04(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, the Sellers shall elect to:

Appears in 1 contract

Samples: Membership Interest and Asset Purchase Agreement (Resolute Energy Corp)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the or dispute any Alleged Title Defect Amount asserted with respect thereto to a Title Defect, and subject to the rights of the parties Buyer pursuant to Section 14.1(f15.01(b), in the event that any Title Defect timely and effectively asserted by Buyer in accordance with Section 11.2(a11.02(a) is not waived in writing by Buyer or cured on or before Closingduring the Cure Period, Seller shallmay, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Silverbow Resources, Inc.)

Remedies for Title Defects. Subject to the rights of the parties pursuant to Section 13.1, and subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)by Buyer, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a10.2(a) is not waived in writing by Buyer or cured on or before Closingthe Closing Date to Buyer’s reasonable satisfaction, Seller shall, at its sole option, the parties shall mutually agree to elect toone of the following remedies:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Carrizo Oil & Gas Inc)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or or the Title Defect Amount asserted with respect thereto thereto, and subject to the rights of the parties pursuant to Section 14.1(f)Individual Title Threshold and Aggregate Defect Deductible, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.2(c) actually exists and is not waived in writing by Buyer or cured on or before Closing, Seller shallshall elect, at in its sole optiondiscretion, elect toone of the following:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Forestar Group Inc.)

Remedies for Title Defects. Subject to Seller’s continuing Representatives’ right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto prior to the Closing Date and subject to the rights of the parties Parties pursuant to Section 14.1(f7.1(f), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a13.2(a) is not waived in writing by Buyer or cured on or before Closing, Seller shallthen, at its sole option, elect to:subject to the Individual Title Threshold and the Title Defect Deductible: HN\1533753.22

Appears in 1 contract

Samples: Purchase and Sale Agreement (Qep Resources, Inc.)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)thereto, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a5.3(a) is not waived in writing by Buyer or cured on or before Closingduring the Cure Period, Seller shall, at its sole option, elect to:, subject to Section 5.3(f):

Appears in 1 contract

Samples: Acquisition Agreement (Swift Energy Co)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f)3.14, in the event that any Title Defect timely and properly asserted by Buyer in accordance with Section 11.2(a) 3.5 is not neither waived in writing by Buyer or nor cured on or before Closing, Seller shall, at its sole optionoption (except as otherwise provided below), elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Atlas Energy Group, LLC)

Remedies for Title Defects. Subject to Seller’s 's continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of Individual Title Defect Threshold and the parties pursuant to Section 14.1(f)Threshold Deductible, in the event that any Title Defect timely asserted by Buyer in accordance with this Section 11.2(a) 8.2 is not waived in writing by Buyer or cured on or before Closing, Seller shallmay, at its sole option, elect as to each Title Defect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Pinnacle Gas Resources, Inc.)

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Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f)thereto, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(aArticle 12.2(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Black Elk Energy Finance Corp.)

Remedies for Title Defects. Subject to Seller’s continuing right to title dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to resolution under Section 14.1(f)4.3, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.3(c) actually exists and is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, shall elect tothe following:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f14.1(c), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 11.2 is not waived in writing by Buyer or cured on or before Closingthe Closing to Buyer’s reasonable satisfaction, then, subject to the Defect Deductible, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (LSB Industries Inc)

Remedies for Title Defects. Subject to Seller’s continuing right to title dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to resolution under Section 14.1(f)4.3, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.2(c) actually exists and is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, shall elect tothe following:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Delta Petroleum Corp/Co)

Remedies for Title Defects. (a) Subject to Seller’s the continuing right of Seller to dispute the existence of a an asserted Title Defect and/or or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(f), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a4.04(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resolute Energy Corp)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties Parties pursuant to Section 14.1(f)3.8, in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 3.1 is not waived in writing by Buyer or is not cured on or before Closingthe Cure Deadline, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Emerald Oil, Inc.)

Remedies for Title Defects. Subject to Seller’s the Parties’ continuing right to dispute the existence of a Title Defect, any Title Defect Amount, and/or the effect of Seller’s curative efforts with respect to any Title Defect Amount asserted with respect thereto pursuant to Section 3.21 and subject to the rights of the parties each Party pursuant to Section 14.1(f10.1(d), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 3.6 is not waived in writing by Buyer or is not cured on or before Closing, Seller shall, at its sole optiondiscretion, without duplication, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (EP Energy LLC)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject the right of Seller to cure the rights of the parties pursuant to Title Defect in accordance with Section 14.1(f11.2(c), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) is not waived in writing by Buyer or cured on or before ClosingBuyer, then, subject to the Individual Title Defect Threshold and the Environmental and Title Deductible, Seller shall, at its Buyer’s sole option, elect to:

Appears in 1 contract

Samples: Conger Purchase and Sale Agreement (Range Resources Corp)

Remedies for Title Defects. Subject to Seller’s 's continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(fArticle 15.1(d), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(aArticle 12.2(a) is not waived in writing by Buyer or cured on or before Closingthe Title Claim Date, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (KCS Energy Inc)

Remedies for Title Defects. Subject (a)Subject to Seller’s the continuing right of Sellers to dispute the existence of a an asserted Title Defect and/or the asserted Title Defect Amount asserted with respect thereto Value and subject to the rights of the parties pursuant to Parties under Section 14.1(f13.01(g), in the event that if any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 4.04 is not waived in writing by Buyer or cured on or before Closing, Seller Sellers shall, at its Sellers’ sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Mid-Con Energy Partners, LP)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the rights of the parties pursuant to Section 14.1(f11.1(e), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a3.3(a) is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Mariner Energy Inc)

Remedies for Title Defects. Subject to Seller’s continuing right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto and subject to the post-closing cure rights of the parties Seller and related rights of Buyer pursuant to Section 14.1(f3.15(b), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a) 3.6 is not waived in writing by Buyer or cured on or before Closing, Seller shall, at its sole option, elect to:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Crimson Exploration Inc.)

Remedies for Title Defects. Subject to Seller’s continuing Representative’s right to dispute the existence of a Title Defect and/or the Title Defect Amount asserted with respect thereto prior to the Closing Date and subject to the rights of the parties Parties pursuant to Section 14.1(f7.1(f), in the event that any Title Defect timely asserted by Buyer in accordance with Section 11.2(a13.2(a) is not waived in writing by Buyer or cured on or before Closing, Seller shallthen, at its sole option, elect tosubject to the Individual Title Threshold and the Title Deductible:

Appears in 1 contract

Samples: Purchase and Sale Agreement (Qep Resources, Inc.)

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