Seller's Option to Cure. Upon Seller's receipt of Purchaser's Survey Objections, Seller may provide written notice to Purchaser on or before November 25, 1997 of any objections it will cure prior to Closing. Provided, however, Seller shall have no obligation to cure or otherwise address any conditions contained in Purchaser's Survey Objections. If Seller elects to cure or otherwise address Purchaser's Survey Objections, but is unable to do so prior to Closing, Seller shall have the right to unilaterally extend the Closing by written notice thereof to Purchaser for up to an additional thirty (30) days, but not later than December 30, 1997. In the event Seller does not provide 6 notice that it will cure or otherwise address Purchaser's Title Objections, or if Seller does not cure or otherwise address Purchaser's Survey Objections in a manner reasonably satisfactory to Purchaser prior to Closing, as the same may be extended by Seller, Purchaser may elect either (and only): (i) to terminate this Agreement pursuant to Section 0 provided such termination occurs by November 26, 1997, or if Seller has given notice that it will cure or address Purchaser's Survey Objections but does not do so, three (3) business days after receiving notice that Seller has not cured or addressed the objections; or (ii) to proceed to Closing notwithstanding Purchaser's Survey Objections, in which case Purchaser shall be deemed to have waived Purchaser's Survey Objections.
Seller's Option to Cure. If Buyer timely notifies Sellers in writing of its disapproval of any of the title or survey items furnished to Buyer pursuant to Section 4.1, then Sellers shall, within 10 days after Sellers' receipt of Buyer's notice (such 10 day period referred to herein as the "Cure Period") have the option to satisfy, correct or remove any such title or survey items, obtain title insurance coverage therefor, or provide assurance that such items will be otherwise satisfied, corrected or removed by the Close of Escrow, at Sellers' expense and to Buyer's and Lender's reasonable satisfaction. If, within the Cure Period, Sellers are unable or elect not to eliminate any such item, or provide adequate assurance that it will be eliminated as of the Close of Escrow, Buyer shall have the right to either (a) waive its disapproval of such item or (b) terminate this Agreement. Any items not objected to by Buyer and any items waived by Buyer shall be deemed Permitted Exceptions.
Seller's Option to Cure. If the Buyer Parties timely notifies Seller of a Title Objection, Seller shall elect whether or not to cure such Title Objection by taking such action necessary to deliver insurable title and cure such Title Objection by Closing, by notice to Buyer within ten (10) days after receipt of Buyer Parties’ Objection Notice. If Seller does not elect to cure any Title Objection, the Buyer Parties may, upon written notice to Seller given within five (5) business days of Seller’s election notice, either (i) terminate this Agreement in which event this Agreement shall become void and of no further force and effect and the Deposit shall be returned to the Buyer Parties; or (ii) accept such title as Seller can convey without a reduction of the Purchase Price. Seller’s failure to timely respond to Buyer Parties’ Title Objection notice shall constitute Seller’s election to not cure the Title Objections prior to Closing. The Buyer Parties’ failure to respond to Seller’s election not to cure (or failure to respond) shall constitute the Buyer Parties’ election of (ii) above. If Seller shall elect to cure the Title Objections prior to Closing but Seller is unable to do so in accordance with this Agreement at or prior to Closing (as same may have been extended), Buyer Parties’ sole remedy shall be either to accept such title as Seller is capable of conveying or to terminate this Agreement.
