Other Permitted Exceptions Clause Samples
The "Other Permitted Exceptions" clause defines additional circumstances under which a party may be excused from fulfilling certain obligations outlined in the agreement. This clause typically lists specific scenarios or conditions—beyond those already detailed elsewhere in the contract—where non-performance or deviation from standard terms is allowed, such as compliance with legal requirements or emergencies. Its core function is to provide flexibility and legal protection by acknowledging that unforeseen or exceptional situations may arise, thereby reducing the risk of breach due to circumstances outside a party’s control.
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Other Permitted Exceptions. In addition to those matters shown in the Commitment and the Survey which become Permitted Exceptions pursuant to Section 2.4 above, the following shall also be deemed to be Permitted Exceptions: (a) the Leases; (b) taxes and standby fees for the year in which Closing occurs; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount, provided that Seller causes such liens or encumbrances to be insured around such that same do not appear as an exception in the owner’s title insurance policy issued to Purchaser pursuant to the Commitment.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment and the Survey which become Permitted Exceptions pursuant to Sections 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases; (b) taxes and assessments for the year in which Closing occurs and subsequent years that are not yet due and payable; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount not exceeding $50,000.00 for the Property (and when such amount is added to the aggregate amounts of any liens or encumbrances to be insured and bonded around by the respective Dependent Sellers (hereinafter defined) under the Dependent Contracts (hereinafter defined), such aggregate amount shall not exceed $125,000.00), provided that (i) Seller causes such liens or encumbrances to be insured or bonded around such that same do not appear as an exception in the Title Policy issued to Purchaser pursuant to the Commitment, and (ii) Seller agrees to indemnify Purchaser from all losses incurred by Purchaser as a result of such liens or encumbrances.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment and the Survey which become Permitted Exceptions pursuant to sections 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases; (b) taxes and assessments for the year in which Closing occurs and subsequent years; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount not exceeding $50,000.00, provided that (i) Seller causes such liens or encumbrances to be insured or bonded around such that same do not appear as an exception in the Title Policy issued to Purchaser pursuant to the Commitment, and (ii) Seller agrees to indemnify Purchaser from all losses incurred by Purchaser as a result of such liens or encumbrances.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment, the Exception Documents, the Existing Survey and any New Survey which become Permitted Exceptions pursuant to sections 4.2 and 4.3 above and, in addition, the following: (a) the Lease; (b) taxes and assessments for the year in which Closing occurs and subsequent years; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; (d) Building, zoning (provided the same shall permit the use of the Property as a restaurant without the need for a special use permit, variance or grandfathering) and subdivision laws and ordinances, and local, state and federal laws, rules and regulations;(e) Any title exceptions arising out of the acts of Purchaser; and (f) Encumbrances permitted or arising in accordance with the terms of the Lease.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment and the Survey which become Permitted Exceptions pursuant to Sections 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases; (b) taxes and assessments for the year in which the Closing occurs and subsequent years; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount, provided that Seller causes such liens or encumbrances to be cured or discharged from the public record at closing so that such liens or encumbrances do not appear as an exception in the Owner's Policy of Title Insurance issued to Purchaser pursuant to the Title Commitment (the "Owner's Policy").
Other Permitted Exceptions. The Permitted Exceptions shall include those matters which become Permitted Exceptions pursuant to SECTIONS 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases; (b) taxes and assessments for the year in which the Closing occurs and subsequent years; and (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing. Notwithstanding anything contained herein to the contrary, Seller shall fully pay and satisfy any liens or encumbrances of a definite or ascertainable amount and caused by Seller. Seller shall cause such liens or encumbrances to be discharged from the public record at closing, or, in the case of disputed mechanics liens only, to be insured over by the Title Company, so that such liens or encumbrances do not appear as an exception in the Title Policy. Provided, however, any such disputed liens shall be discharged from the public record upon resolution, which Seller shall diligently pursue, and said obligation shall survive Closing.
Other Permitted Exceptions. In addition to those matters shown in the Commitment, the Title Exceptions and the Survey which become Permitted Exceptions pursuant to section 2.3 and section 2.4 above, the following shall also be deemed to be Permitted Exceptions: (a) the Leases; (b) taxes and standby fees for the year in which Closing occurs that are not yet due and payable; and (c) liens and encumbrances arising after the Effective Date to which Purchaser consents in writing.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment and the Survey which become Permitted Exceptions pursuant to sections 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases; (b) real property taxes and assessments for the year in which Closing occurs and subsequent years; and (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing. Notwithstanding anything else to the contrary herein, Seller covenants to remove, at its expense, all monetary liens encumbering the Property which have been created by Seller on or before Closing. ARTICLE V.
Other Permitted Exceptions. In addition to those matters shown in the Commitment and the Survey which become Permitted Exceptions pursuant to Section 2.4 above, the following shall also be deemed to be Permitted Exceptions: (a) the Lease; (b) taxes and standby fees (if applicable) for the year in which Closing occurs; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount, provided that Seller causes such liens or encumbrances to be insured around on terms acceptable to Purchaser such that same do not appear as an exception in the owner’s title insurance policy issued to Purchaser pursuant to the Commitment. Nothing in this Section shall be construed as hindering Purchaser’s right to timely terminate the Agreement for any reason or no reason pursuant to Section 3.3, below.
Other Permitted Exceptions. The Permitted Exceptions shall include those matters shown in the Title Commitment and the Survey which become Permitted Exceptions pursuant to sections 4.3 and 4.4 above and, in addition, the following: (a) the Tenant Leases to the extent shown on a rent roll delivered by Seller to Purchaser at Closing and certified as of date not more than five (5) business days prior to the Closing Date (the "Closing Rent Roll"); (b) taxes and assessments for the year in which Closing occurs and subsequent years; (c) liens and encumbrances arising after the date hereof to which Purchaser consents in writing; and (d) any liens or encumbrances of a definite or ascertainable amount not exceeding $50,000.00, provided that (i) Seller causes such liens or encumbrances to be insured or bonded around such that same do not appear as an exception in the Title Policy issued to Purchaser pursuant to the Commitment, and (ii) Seller agrees to indemnify Purchaser from all losses incurred by Purchaser as a result of such liens or encumbrances.