Survey and Plans Sample Clauses

Survey and Plans. Highwoods may, at Highwoods' election, cause to be secured current physical and boundary surveys (the "Surveys") of the Land, Buildings and other Improvements prepared by a Georgia registered land surveyor or licensed engineer which shall be certified to Highwoods and the Title Company [as defined in Subsection 6.01 below] and shall contain such other documentation and certifications as Highwoods or the Title Company may require. The cost of such Surveys shall be borne by Highwoods. In addition, at the time of the execution of this Agreement, Owner shall supply to Highwoods (i) copies of any existing survey(s) of the Land reasonably available to Owner (the "Existing Surveys"), and (ii) to the extent reasonably available to Owner, a complete set of the plans from which the Improvements were constructed (the "Plans"). If the legal descriptions shown on the Existing Surveys are not the same as the legal descriptions set forth in title insurance policies currently insuring the Land issued in connection with the Owner's acquisition of the Land (the "Owner's Title Insurance Policies"), Owner will convey to Highwoods by quitclaim deed or a quitclaim assignment of lease, as the case may be, the Land described by the metes and bounds shown on the Existing Surveys. However, the deed(s) of conveyance and assignment of Leasehold Interests referenced in 11.01(c) and (g) shall contain the legal descriptions set forth in the Owner's Title Insurance Policies. In the event the Surveys (or the Existing Surveys delivered to Highwoods by Owner) reveal anything which materially and adversely affect the Property, Highwoods shall give notice to Owner of those matters objected to by Highwoods in the Surveys or Existing Surveys by January 5, 1997. Owner shall then have the right, but not the obligation, for a period of ten (10) business days to cure any defects or objectionable matters specified by Highwoods, so long as such objections can be cured at a cost of One Million and no/100 Dollars ($1,000,000.00) or less. In the event that Owner fails or is unwilling to cure such defects to the reasonable satisfaction of Highwoods' counsel, Highwoods may proceed to a Closing subject to the defect, without liability to Owner, or by written notice to Owner, terminate this Agreement or otherwise allow this Agreement to expire.
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Survey and Plans. The Distributees may cause to be secured and delivered to the Distributees prior to the end of the Review Period (as defined in Section 4(g) below) a current physical and boundary survey (the “Survey”) of the Land and Improvements prepared by a North Carolina registered land surveyor or licensed engineer which shall be certified to the Distributees which shall contain such documentation and certifications as the Title Company (as defined in Section 5[a]) may require. The Distributees agree to pay for the cost of the Survey. The Survey shall be used for a description of the Land contained in the deed of conveyance of the Land from Highwoods to the Distributees and in all other documents related to this transaction which require a legal description [including, without limitation, such description as is required for the Title Policies described under Section 5(a)]. In the event the Survey reveals anything which materially or adversely affects the Property in the sole reasonable discretion of the Distributees, the Distributees shall give notice to Highwoods of those matters objected to by the Distributees in the Survey prior to the last day of the Review Period. Highwoods shall then have the right, but not the obligation, for a period of ten (10) business days to cure any defects or objectionable matters specified by the Distributees. In the event that Highwoods fails or is unwilling to cure such defects to the reasonable satisfaction of the Distributees’ counsel at Highwoods’ sole cost and expense, the Distributees may proceed to a Closing subject to the defect, or by written notice to Highwoods, terminate this Agreement and receive a refund of the Binder Deposit, or otherwise allow this Agreement to expire.
Survey and Plans. Surveys, site plans, plans and specfications, and other matters relating to the Property as are described in subparagraph (a) of the Blanket Transfer and Assignment, to the extent same are in the possession or control of Seller, which shall be delivered by Seller to Purchaser by delivery to Seller's management office(s) located at the Property;
Survey and Plans. GT Gateway may cause to be secured and delivered to GT Gateway prior to the end of the Review Period (as defined in Section 4(g) below) a current physical and boundary survey (the “Survey”) of the Land and Improvements prepared by a North Carolina registered land surveyor or licensed engineer which shall be certified to GT Gateway which shall contain such documentation and certifications as the Title Company (as defined in Section 5[a]) may require. GT Gateway agrees to pay for the cost of the Survey. The Survey shall be used for a description of the Land contained in the deed of conveyance of the Land from Highwoods to GT Gateway and in all other documents related to this transaction which require a legal description [including, without limitation, such description as is required for the Title Policies described under Section 5(a)]. In the event the Survey reveals anything which materially or adversely affects the Property in the sole reasonable discretion of GT Gateway, GT Gateway shall give notice to Highwoods of those matters objected to by GT Gateway in the Survey prior to the last day of the Review Period. Highwoods shall then have the right, but not the obligation, for a period of ten (10) business days to cure any defects or objectionable matters specified by GT Gateway. In the event that Highwoods fails or is unwilling to cure such defects to the reasonable satisfaction of GT Gateway’s counsel at Highwoods’ sole cost and expense, GT Gateway may proceed to a Closing subject to the defect, or by written notice to Highwoods, terminate this Agreement and receive a refund of the Binder Deposit, or otherwise allow this Agreement to expire.
Survey and Plans. G-T Gateway may cause to be secured and delivered to G-T Gateway prior to the end of the Review Period (as defined in Section 3(g) below) a current physical and boundary survey (the “Survey”) of the Land and Improvements prepared by a North Carolina registered land surveyor or licensed engineer which shall be certified to G-T Gateway which shall contain such documentation and certifications as the Title Company (as defined in Section 4[a]) may require. G-T Gateway agrees to pay for the cost of the Survey. In the event the Survey reveals anything which materially or adversely affects the Property in the sole reasonable discretion of G-T Gateway, G-T Gateway shall give notice to WSI of those matters objected to by G-T Gateway in the Survey prior to the last day of the Review Period. WSI shall then have the right, but not the obligation, for a period of ten (10) business days to cure any defects or objectionable matters specified by G-T Gateway. In the event that WSI fails or is unwilling to cure such defects to the reasonable satisfaction of G-T Gateway’s counsel at WSI’s sole cost and expense, G-T Gateway may proceed to a Closing subject to the defect, or by written notice to WSI, terminate this Agreement and receive a refund of the Binder Deposit, or otherwise allow this Agreement to expire.
Survey and Plans. If any existing survey, architectural drawings, mechanical plans or drawings, or electrical plans or drawings of the Property are readily available to Seller, Seller shall deliver, or cause its broker to deliver a copy of said survey, plans or drawings to Buyer upon acceptance of this Agreement. Seller will not, however, warrant that any such survey, plans or drawings are accurate or complete. If Buyer desires to obtain a current survey, plans or drawings of the Property, Buyer may arrange to have such items prepared at its expense. Any survey received by Buyer as described in this paragraph will constitute a "Survey" as such term is used in this agreement.

Related to Survey and Plans

  • Construction Plans Tenant shall prepare final plans and specifications for the Tenant Improvements that (a) are consistent with and are logical evolutions of the Approved Schematic Plans and (b) incorporate any other Tenant-requested (and Landlord-approved) Changes (as defined below). As soon as such final plans and specifications ("Construction Plans") are completed, Tenant shall deliver the same to Landlord for Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. All such Construction Plans shall be submitted by Tenant to Landlord in electronic .pdf, CADD and full-size hard copy formats, and shall be approved or disapproved by Landlord within ten (10) business days after delivery to Landlord. Landlord's failure to respond within such ten (10) business day period shall be deemed approval by Landlord. If the Construction Plans are disapproved by Landlord, then Landlord shall notify Tenant in writing of its objections to such Construction Plans, and the parties shall confer and negotiate in good faith to reach agreement on the Construction Plans. Promptly after the Construction Plans are approved by Landlord and Tenant, two (2) copies of such Construction Plans shall be initialed and dated by Landlord and Tenant, and Tenant shall promptly submit such Construction Plans to all appropriate Governmental Authorities for approval. The Construction Plans so approved, and all change orders approved (to the extent required) by Landlord, are referred to herein as the "Approved Plans."

  • Benefit Plans and Programs To the extent permitted by applicable law and subject to the terms and eligibility requirements of any such plan or program, Executive will be eligible to participate in all benefit plans and programs, including improvements or modifications of the same, that are maintained by the Company generally for executive employees of the Company, subject to the eligibility requirements and other terms and conditions of those plans and programs. The Company will not, however, by reason of this Section 5(b) be obligated either (1) to institute, maintain, or refrain from changing, amending, or discontinuing any such benefit plan or program, or (2) to provide Executive with all benefits provided to any other person or individual employed by the Company or any of its affiliates.

  • Employee Benefit Programs, Plans and Practices The Company shall during the Term provide Executive with coverage under all employee pension and welfare benefit programs, plans and practices (to the extent permitted under any employee benefit plan) in accordance with the terms thereof, which the Company generally makes available to its senior executives.

  • Copies of Documents Relating to Title Exceptions Copies of all recorded documents listed as exceptions to title or otherwise referred to in the Additional Mortgage Policy or title report delivered pursuant to clause (iv) or (v) above;

  • Benefits Plans During the Employment Period, You will be eligible to participate in all benefit plans in effect for executives and employees of the Company, subject to the terms and conditions of such plans.

  • Notices Regarding Plans and Benefit Arrangements (i) Promptly upon becoming aware of the occurrence thereof, notice (including the nature of the event and, when known, any action taken or threatened by the Internal Revenue Service or the PBGC with respect thereto) of:

  • Benefit Plans The Executive shall be eligible to participate in any employee benefit plan of the Company, including, but not limited to, equity, pension, thrift, profit sharing, medical coverage, education, or other retirement or welfare benefits that the Company has adopted or may adopt, maintain or contribute to for the benefit of its senior executives, at a level commensurate with his positions, subject to satisfying the applicable eligibility requirements. The Company may at any time or from time to time amend, modify, suspend or terminate any employee benefit plan, program or arrangement for any reason in its sole discretion.

  • Company Plans Section 1.10(a),.................... 5 Company..........................................................................

  • True and Complete Disclosure The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Borrower to the Lender in connection with the negotiation, preparation or delivery of this Loan Agreement and the other Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Borrower to the Lender in connection with this Loan Agreement and the other Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer that, after due inquiry, could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Lender for use in connection with the transactions contemplated hereby or thereby.

  • Employee Plans Except as provided in Section 4.12, the Assuming Institution shall have no liabilities, obligations or responsibilities under the Failed Bank’s health care, bonus, vacation, pension, profit sharing, deferred compensation, 401K or stock purchase plans or similar plans, if any, unless the Receiver and the Assuming Institution agree otherwise subsequent to the date of this Agreement.

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