Required Cure Items definition
Examples of Required Cure Items in a sentence
Seller shall use commercially reasonable efforts to remove, cure or insure over all Required Cure Items and all Defects that Seller elects, or is deemed to have elected, to cure, remove or insure over.
The Contracts enumerated on Disclosure Schedule 3, together with the Leases, Licenses and any agreements specifically referenced on Schedule B-II in the Title Commitments (and which are not also Required Cure Items), comprise all of the contracts which currently affect the Seller’s Property.
Seller is required to Cure all Required Cure Items at or prior to Closing.
Seller shall pay for any base premium due in connection with the Owner’s Policy (the “Base Premium”) which shall be net of any reissue discount which may be available from Title Insurer in connection with the delivery of an existing owner’s policy of title insurance, recording charges for any instruments required to be recorded to remove the Required Cure Items and one-half (1/2) of Escrowee’s standard escrow fees.
With the exception of the Required Cure Items, if Seller fails to deliver the Seller Response Notice within the Seller Response Period, then Seller shall be deemed to have elected to cure all of the disapproved matters set forth in Buyer’s Title Objection Notice.
Notwithstanding anything in this Agreement to the contrary, Seller shall be obligated at or prior to the Closing to cause the release or discharge, at Seller’s sole cost and expense, of any Required Cure Items.
The parties acknowledge and agree that Seller shall have the right to apply or cause the Escrow Agent to apply all or any portion of the Purchase Price to cause the release or discharge of any Required Cure Items when escrow is broken at Closing.
With the exception of the Required Cure Items, if Seller fails to deliver the Seller Response Notice within the Seller Response Period, then Seller shall be deemed not to have elected to cure all of the disapproved matters set forth in Buyer’s Title Objection Notice.
Notwithstanding the foregoing, nothing contained in section shall limit the right of the Buyer to pursue any and all remedies provided in Section 11.2 of this Agreement as a result of Seller’s default; provided, however, that the inability of Seller, having used commercially reasonable efforts to cure Title Defects or Required Cure Items other than monetary encumbrances shall not be deemed to be a breach by Seller of this Agreement.
Seller shall be entitled to cure any Required Cure Items by compliance with a statutory bonding procedure that has the legal effect of removing the Required Cure Item as a lien on the Real Property, provided that such bonding procedure also causes the subject item to be removed as an exception in the Owner’s Policy.