Common use of Indemnification Limitation on Real Property Clause in Contracts

Indemnification Limitation on Real Property. Notwithstanding anything contained herein to the contrary, if there is any defect or deficiency in title to the Owned Real Estate or the title to the leasehold interest in the Leased Real Property, and such Real Property is the subject of title insurance, Seller shall have no liability to Purchaser whatsoever on account of any representation or warranty contained herein with respect to title to such Real Property or any deficiency therein to the extent that such title insurance provides Purchaser or its assignee with an insurance recovery in respect of such defect or deficiency in title, and Purchaser shall be obligated to diligently use all commercially reasonable efforts in pursuing a claim for such insurance recovery.