Gap Exception definition
Examples of Gap Exception in a sentence
If for any reason Purchaser fails to deliver a timely Gap Exception Notice, any Gap Exception that could have been the subject of a proper Gap Exception Notice shall for all purposes constitute a Permitted Exception for purposes of this Agreement.
You may have already spoken with your insurance and may even have an approved Gap Exception.
If Seller fails to timely deliver notice to Purchaser that Seller has elected to attempt to cure a Gap Exception, Seller shall be conclusively deemed to have elected not to cure such Gap Exception.
Notwithstanding anything to the foregoing, if the Title Company agrees to issue the Title Policy with the Gap Exception removed without receiving a gap indemnity from Seller, then no further obligations or indemnity will be owed by Seller to Buyer under this Section 7.11(c).
Failure to notify Transferee in writing within such period of such Transferor’s election shall be deemed such Transferor’s election not to cure any Gap Exception.
Notwithstanding anything contained in this Agreement to the contrary, nothing shall be deemed to impair or limit Seller’s right to challenge whether any purported Gap Exception constitutes a proper Gap Exception for purposes of this Agreement.
At Closing, Lender shall disburse the entire Loan 1 proceeds to the Title Agent who shall disburse the proceeds in accordance with the Title Commitment and delete the Gap Exception from the Title Commitment at Closing.
Seller shall have the right, but not the obligation, to attempt to cure any Gap Exceptions, and Seller shall notify Purchaser in writing within seven (7) Business Days of Seller’s receipt of the Gap Exception Notice as to which, if any, of the Gap Exceptions Seller has elected to attempt to cure and, to the extent Seller elects to cure any such Gap Exceptions, Seller shall use commercially reasonable efforts to cure such Gap Exceptions.
If such Transferor elects, in its sole discretion, to cure any Gap Exception, such Transferor shall have until the Closing of the applicable Contribution Transaction to cure any such Gap Exception which it elected to cure.
If the Title Company refuses to remove the Gap Exception without a gap indemnity from Seller, then Seller will attempt to agree to a form of gap indemnity in favor of the Title Company which is sufficient to have the Gap Exception removed.