Common use of Title Examination Clause in Contracts

Title Examination. Purchaser shall notify Seller in writing (the “Title Notice”) prior to the expiration of the Title Inspection Period which exceptions to title (including survey matters), if any, will not be accepted by Purchaser. If Purchaser fails to notify Seller in writing of its disapproval of any exceptions to title by the expiration of the Title Inspection Period, Purchaser shall be deemed to have approved the condition of title to the Real Property. If Purchaser notifies Seller in writing that Purchaser objects to any exceptions to title, Seller shall have five (5) days after receipt of the Title Notice to notify Purchaser (x) that Seller will remove such objectionable exceptions from title on or before the Closing (as defined in Section 4.1); or (y) that Seller elects not to cause such exceptions to be removed. If Seller gives Purchaser notice under clause (y) above, Purchaser shall have five (5) days in which to notify Seller that Purchaser will terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser and each party shall bear its own costs incurred hereunder.

Appears in 3 contracts

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/), Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/), Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/)

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Title Examination. Within 30 days of the date of this Agreement, ----------------- Purchaser shall notify Seller in writing (examine the “Title Notice”) prior title to the expiration Property and give Seller written notice of any title objections disclosed by the Title Inspection Period which exceptions to title (including survey matters), if any, will not be accepted by Purchaserexamination. If Purchaser fails to notify Seller in writing of its disapproval of any exceptions to title give such notice by the expiration end of the Title Inspection Period30-day examination period with respect to any title objection that is of record and properly indexed, then Purchaser shall be deemed to have approved the condition waived any such title objection. Upon receipt of Purchaser's notice of title to the Real Property. If Purchaser notifies Seller in writing that Purchaser objects to any exceptions to titleobjections, Seller shall have five (5) days after receipt of in good faith endeavor to satisfy or correct the Title Notice to notify Purchaser (x) that Seller will remove such objectionable exceptions from valid title objections on or before the Closing Closing; provided, however, Seller shall not be required to institute any lawsuit or other legal proceeding in order to satisfy or correct any title objection or to pay more than $2,500.00 to satisfy or correct any title objection. At or before the Closing, however, Seller will pay any indebtedness of Seller secured by an interest in the Property (or otherwise obtain release of the Property as defined in Section 4.1security for such indebtedness); , and Seller may use all or (y) that Seller elects not part of the Purchase Price to cause such exceptions to be removeddo so. If Seller gives Purchaser notice under clause (y) abovedoes not satisfy any valid title objection by Closing, Purchaser shall have five the following options: (5a) days in which the right to notify Seller that Purchaser will terminate this Agreement. If this Agreement is terminated pursuant to and receive the foregoing provisions return of this paragraphall Xxxxxxx Money, then and, in that event, neither party shall have any further rights or obligations hereunder (liability to the other, except for any indemnity those obligations which specifically survive the termination of either party pursuant to this Agreement), ; or (b) waive the Deposit shall be returned title objection and proceed to Purchaser and each party shall bear its own costs incurred hereunderClosing with no reduction in the Purchase Price.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Cherokee Banking Co)

Title Examination. Purchaser Buyer shall notify Seller in a ----------------- reasonably detailed writing (the "Title Notice") prior to the expiration of the Title Inspection ------------ Contingency Period which exceptions to title (including survey matters), if any, will not be accepted by PurchaserBuyer and the specific reasonable grounds for disapproval thereof. If Purchaser Any exception to title which Buyer fails to notify Seller in writing of its disapproval of any exceptions disapprove prior to title by the expiration of the Title Inspection Period, Purchaser Contingency Period shall be deemed conclusively to have been approved the condition of title to the Real Propertyby Buyer. If Purchaser Buyer notifies Seller in writing that Purchaser Buyer objects to any exceptions an exception to title, then Seller shall have five (5) business days after receipt of the Title Notice to notify Purchaser (x) Buyer that Seller either (a) will remove such objectionable exceptions exception from title on or before the Closing; provided that Seller may extend the Closing for such period as shall be required to effect such cure, but not beyond fifteen (as defined in Section 4.1)15) days; or (yb) that Seller elects not to cause such exceptions exception to be removedremoved (a "Non-Removal Notice"). If Seller fails to ------------------ notify Buyer of its election within said five (5) day period, then Seller shall be deemed to have delivered a Non-Removal Notice as to that exception. The procurement by Seller of a commitment for the issuance of the Title Policy or an endorsement thereto reasonably satisfactory to Buyer and insuring Buyer against any title exception which was disapproved pursuant to this Section 2.2 shall be deemed a cure by Seller of such disapproval. If Seller gives Purchaser notice under clause (yor is deemed to have given) aboveBuyer a Non-Removal Notice, Purchaser then Buyer shall have five two (52) business days in within which to notify Seller in writing that Purchaser will Buyer elects to either (i) nevertheless proceed with the purchase and take title to the Properties subject to such exceptions, or (ii) terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser and each party shall bear its own costs incurred hereunder.Section 3.5

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (T Reit Inc)

Title Examination. Purchaser Buyer shall notify Seller in a reasonably detailed writing (the "Title Notice") prior to the expiration of the Title Inspection Contingency Period which exceptions to title (including survey matters), if any, will not be accepted by PurchaserBuyer and the specific reasonable grounds for disapproval thereof. If Purchaser Any exception to title, which Buyer fails to notify Seller in writing of its disapproval of any exceptions disapprove prior to title by the expiration of the Title Inspection Contingency Period, Purchaser shall be deemed conclusively to have been approved the condition of title to the Real Propertyby Buyer. If Purchaser Buyer notifies Seller in writing that Purchaser Buyer objects to any exceptions an exception to title, then Seller shall have five (5) business days after receipt of the Title Notice to notify Purchaser (x) Buyer that Seller either (a) will remove such objectionable exceptions exception from title on or before the Closing; provided that Seller may extend the Closing for such period as shall be required to effect such cure, but not beyond fifteen (as defined in Section 4.1)15) days; or (yb) that Seller elects not to cause such exceptions exception to be removedremoved (a "Non-Removal Notice"). If Seller fails to notify Buyer of its election within said five (5) day period, then Seller shall be deemed to have delivered a Non-Removal Notice as to that exception. The procurement by Seller of a commitment for the issuance of the Title Policy or an endorsement thereto reasonably satisfactory to Buyer and insuring Buyer against any title exception, which was disapproved pursuant to this Section 2.2, shall be deemed a cure by Seller of such disapproval. If Seller gives Purchaser notice under clause (yor is deemed to have given) aboveBuyer a Non-Removal Notice, Purchaser then Buyer shall have five two (52) business days in within which to notify Seller in writing that Purchaser will Buyer elects to either (i) nevertheless proceed with the purchase and take title to the Property subject to such exceptions, or (ii) terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser and each party shall bear its own costs incurred hereunder.Section 3.3

Appears in 1 contract

Samples: Purchase and Sale Agreement (Income Growth Partners LTD X)

Title Examination. Purchaser Buyer shall notify Seller in a reasonably detailed writing (the "Title Notice") prior to the expiration of the Title Inspection Contingency Period which exceptions to title (including survey matters), if any, will not be accepted by PurchaserBuyer and the specific reasonable grounds for disapproval thereof. If Purchaser Any exception to title which Buyer fails to notify Seller in writing of its disapproval of any exceptions disapprove prior to title by the expiration of the Title Inspection Period, Purchaser Contingency Period shall be deemed conclusively to have been approved the condition of title to the Real Propertyby Buyer. If Purchaser Buyer notifies Seller in writing that Purchaser Buyer objects to any exceptions an exception to title, then Seller shall have five (5) business days after receipt of the Title Notice to notify Purchaser (x) Buyer that Seller either (a) will remove such objectionable exceptions exception from title on or before the Closing; provided that Seller may extend the Closing for such period as shall be required to effect such cure, but not beyond fifteen (as defined in Section 4.1)15) days; or (yb) that Seller elects not to cause such exceptions exception to be removedremoved (a "Non-Removal Notice"). If Seller fails to notify Buyer of its election within said five (5) day period, then Seller shall be deemed to have delivered a Non-Removal Notice as to that exception. The procurement by Seller of a commitment for the issuance of the Title Policy or an endorsement thereto reasonably satisfactory to Buyer and insuring Buyer against any title exception which was disapproved pursuant to this Section 2.2 shall be deemed a cure by Seller of such disapproval. If Seller gives Purchaser notice under clause (yor is deemed to have given) aboveBuyer a Non-Removal Notice, Purchaser then Buyer shall have five two (52) business days in within which to notify Seller in writing that Purchaser will Buyer elects to either (i) nevertheless proceed with the purchase and take title to the Properties subject to such exceptions, or (ii) terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser and each party shall bear its own costs incurred hereunder.Section 3.5

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (T Reit Inc)

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Title Examination. Purchaser Property One shall notify Seller City in writing (the “Title Notice”) prior to the expiration of the Title Inspection Period Date which exceptions to title (including survey matters)title, if any, will not be accepted by PurchaserProperty One. If Purchaser Property One fails to notify Seller in writing City of its disapproval approval of any exceptions to title by matters shown in the expiration of Title Report before the Title Inspection PeriodDate, Purchaser Property One shall conclusively be deemed to have approved the condition of title to the Real PropertyTitle Report. If Purchaser Property One notifies Seller City in writing that Purchaser Property One objects to any exceptions to title, Seller City shall have five (5) business days after receipt of the Title Notice to notify Purchaser Property One in writing (xthe “Response Notice”) (a) that Seller City will remove such objectionable exceptions from title on or before the Closing (as defined in Section 4.15.1); or (yb) that Seller City elects not to cause such exceptions to be removed. If Seller City gives Purchaser Property One notice under clause (yb) above, Purchaser Property One shall have until the later of (c) five (5) business days after receipt of the Response Notice, or (d) the end of the Inspection Period (as defined in Section 4.1) in which to notify Seller City that Purchaser Property One will nevertheless proceed with the purchase and take title to the Property subject to such exceptions, or that Property One will terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser Property One and each party shall bear its own costs incurred hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions

Title Examination. Purchaser shall notify Seller in writing (the “Title Notice”) prior to the expiration of the Title Inspection Period which exceptions to title (including survey matters), if any, will not be accepted by Purchaser. If Purchaser fails to notify Seller in writing of its disapproval of any exceptions to title by the expiration of the Title Inspection Period, Purchaser shall be deemed to have approved the condition of title to the Real Property. If Purchaser notifies Seller in writing that Purchaser objects to any exceptions to title, Seller shall have five ten (510) days after receipt of the Title Notice to notify Purchaser (x) that Seller will remove such objectionable exceptions from title on or before the Closing (as defined in Section 4.1); or (y) that Seller elects not to cause such exceptions to be removed. If Seller gives Purchaser notice under clause (y) above, Purchaser shall have five (5) days in which to notify Seller that Purchaser will terminate this Agreement. If this Agreement is terminated pursuant to the foregoing provisions of this paragraph, then neither party shall have any further rights or obligations hereunder (except for any indemnity obligations of either party pursuant to this Agreement), the Deposit shall be returned to Purchaser and each party shall bear its own costs incurred hereunder.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Simpson Manufacturing Co Inc /Ca/)

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