Examples of Surface Deed in a sentence
Each Party acknowledges and agrees that, for purposes of Seller’s special warranty of title in the Assignment, the aggregate value of all claims made under the special warranty with respect to any Listed Interest shall not exceed the Allocated Value of such Listed Interest; provided that, for the avoidance of doubt, the Title Threshold and the Defect Deductible shall not apply to any claim made under the special warranty in the Assignment or the Surface Deed.
This Surface Deed with Special Warranty is subject to (1) all valid reservations, restrictions, encumbrances and other matters appearing of record; (2) all easements and rights-of- way appearing of record or apparent by inspection on the ground; (3) all valid and subsisting oil and gas leases and all mineral, royalty or other reservations in third parties appearing of record, if any; and (4) the reservations, provisions and covenants on Exhibit B attached hereto.
The Surface Deed shall contain a special warranty of title, effective as of the Closing Date and surviving indefinitely, by which Seller warrants title as to each applicable real property interest conveyed thereby arising by, through or under Seller or any of its affiliates, but not otherwise, subject, however, to the Permitted Encumbrances.
Except as set forth in the special warranty of title contained in the Assignment and the Surface Deed, Seller and Buyer shall be deemed to have waived, and neither Buyer nor Seller, respectively, shall have any liability for, any Title Benefit or Title Defect for which Buyer or Seller, respectively, has not received a proper Title Notice on or before the Defect Deadline.
ITIS FURTHER ORDERED, ADJUDGED AND DECREED, that Ice Melt Products, L.L.C. andits grantees, successors and/or assigns, are commanded forthwithto desist andrefrainfrom storing or processing onthe Surface Deed Propertybrine water, water, and/or other liquidsubstance, other than brine water produced from wells located on the Lease Agreement Property.
Seller shall furnish at Seller’s expense, and shall execute and deliver at Closing, a Surface Deed with Special Warranty, in substantially the form which is included in each Bidder’s Packet as Exhibit C, conveying the Property to Buyer, subject to the Permitted Exceptions and excluding all Minerals.
The Amendment to Lease Agreement, Surface Deed and Promissory Note was entered into as part of one overall transaction.
Except for the special warranty of title set forth in the Assignment and the Surface Deed and for the representations and warranties expressly made by Seller in this Article IV and in any certificate delivered by it to Buyer at Closing pursuant to Section 9.2(b)(iii) and Buyer’s rights to any indemnity for a breach thereof at Closing, there are no representations or warranties that extend beyond the face of this Agreement as provided in (and subject to the terms and conditions of) Article XI.
Fayman, and Faith Fayman Strong.2The Wilson Parties actually submit there are two different theories under the Surface Deed that prohibit Ice Melt from going forward in this adversary proceeding.
Except for the express representations and warranties of Seller contained in this Agreement and Seller’s certificate delivered pursuant to Section 9.2(b)(iii) , and the special warranty of title set forth in the Assignment and the Surface Deed, Seller does not make or provide, and Buyer hereby waives, any warranty or representation, express or implied, as to the quality, merchantability, fitness for a particular purpose, or of conformity to models or samples of materials.