Examples of Asserted Defects in a sentence
Seller may (but shall have no obligation to) attempt to cure, prior to Closing, one or more Asserted Defects.
Notwithstanding any election made under Section 7.4(a) or (b), Seller may also (without limitation, it being expressly recognized that Seller may attempt to cure Asserted Defects while acting under this election) elect by written notice to Buyer to have one or more Asserted Defects handled under Section 7.5 or Section 7.6 below.
Only a portion of the Deposit shall be applied as provided in Section 9.3 to the portion of the Purchase Price paid at the initial Closing if it occurs, such portion being the percentage equal to the unadjusted Purchase Price paid at the initial Closing divided by the unadjusted Purchase Price set forth in Section 3.1. Notwithstanding any such election to postpone Closing with respect to the affected Properties, Seller shall still have no obligation to commence to cure or cure any Asserted Defects.
If the Purchase Price reduction which would result from the above provided for procedure as applied to all Asserted Defects for which an adjustment is to be made exceeds the Defect Threshold, the Purchase Price shall be adjusted by the amount of all Asserted Defects for which an adjustment is to be made.
If the Purchase Price reduction which would result from the above provided for procedure as applied to all Asserted Defects does not exceed 2% of the Purchase Price (herein called the “Defect Threshold”), then no adjustment of the Purchase Price shall occur, and any Properties which would be excluded by such procedure shall not be excluded.
Whether or not Seller has then begun to, or ever begins to, cure one or more Asserted Defects (and whether or not Seller has elected option (iii) below with respect to one or more Asserted Defects), Seller may postpone the Closing by designating a new Closing Date not later than September 30, 2007, so that it may attempt to cure one or more Asserted Defects.
Notwithstanding any other election made under this Section (without limitation, it being expressly recognized that Seller may attempt to cure Asserted Defects while acting under this election), Seller may elect to have one or more Asserted Defects handled under Section 7 below.
Seller may (but shall have no obligation to) attempt to cure at its sole cost and expense, up to the date that is three (3) Business Days prior to Closing (“Cure Period”), any Asserted Defects.
Seller and Buyer shall attempt to agree on all Asserted Defects, Defect Amounts, Title Benefits and Title Benefit Amounts prior to Closing.
Notwithstanding any such election to postpone Closing, Seller shall still have no obligation to cure Asserted Defects.