Common use of Title Commitments and Surveys Clause in Contracts

Title Commitments and Surveys. Insight and TCI each will provide to the other, within 60 days after the date of this Agreement, (a) current commitments to issue title insurance policies on the 1992 ALTA owner's form (or its local equivalent in any state in which ALTA policies are not available) ("Title Commitments") by an agent writing for Old Republic Insurance Company, Chicago Title Insurance Company or another nationally-recognized title insurance company (the "Title Company") and containing policy limits and other terms reasonably acceptable to the other, and, legible photocopies of all recorded items described as exceptions therein, committing to insure fee simple title in the other party to each parcel of the Owned Property and easements that provide access to such Owned Real Property included in its Assets, subject only to Permitted Liens, and (b) surveys of each parcel of Owned Property in such form as is necessary to obtain the title insurance to be issued pursuant to the Title Commitments with the standard printed exceptions relating to survey matters deleted (the "Surveys"), certified to the other party and to the Title Company issuing a Title Commitment. The cost to obtain such Title Commitments and Surveys and other documents required by the Title Company to issue such policies and Surveys shall be split equally between Insight and TCI; provided however that (x) each party shall pay for the cost to delete or insure over any Title Defects relating to its Owned Property and (y) the requesting party will pay the premiums and charges for any additional endorsements such party requests with respect to any Title Policy other than the endorsements to delete the standard survey exceptions from such Title Policy and to delete or insure over any Title Defects. If Insight or TCI notifies the other within 30 days following its receipt of both the Title Commitments and the Surveys of any Lien (other than a Permitted Lien or a Lien set forth in Schedules 5.4 or 6.4, as applicable) or other matter affecting title to Owned Property of the other which prevents access to or which could prevent or impede in any way the use or operation of any parcel of Owned Property for the purposes for which it is currently used or operated by the other (each a "Title Defect"), the other will exercise commercially reasonable efforts to (i) remove such Title Defect, or (ii) with the consent of the objecting party, cause the Title Company to commit to insure over each such Title Defect prior to the Closing. If such Title Defect cannot be removed prior to Closing or the Title Company does not commit to insure over such Title Defect prior to Closing and if the objecting party elects to waive such Title Defect and proceed towards consummation of the transaction in accordance with this Agreement in its reasonable discretion, the objecting party and the party that owns such property shall enter into

Title Commitments and Surveys. Insight Century and TCI each will provide to the other, within 60 days after the date of this Agreement, (a) current commitments to issue title insurance policies on the 1992 ALTA CLTA owner's form (or its local equivalent in any state in which ALTA policies are not available) ("Title Commitments") by an agent writing for Old Republic Insurance Company, Chicago Title Insurance Company or another nationally-nationally recognized title insurance company (the "Title Company") and containing policy limits and other terms reasonably acceptable to the other, and, legible photocopies of all recorded items described as exceptions therein, committing to insure fee simple title in the other party Partnership to each parcel of the Owned Property and easements that provide access to such Owned Real Property included in its Assets, subject only to Permitted Liens, and (b) surveys of each parcel of Owned Property used in connection with the Century Exchange Systems, in such form as is necessary to obtain the title insurance to be issued pursuant to the Title Commitments with the standard printed exceptions relating to survey matters deleted (the "Surveys"), certified to the other party Partnership and to the Title Company issuing a Title Commitment. The cost to obtain such Title Commitments and Surveys and other documents required by the Title Company to issue such policies and Surveys shall be split equally between Insight and TCIpaid by the Partnership; provided however that (x) each party of TCI and Century shall pay for the cost to delete or insure over any Title Defects relating to its Owned Property and (y) the requesting party Partnership will pay the premiums and charges for any additional endorsements such party it requests with respect to any Title Policy other than the endorsements to delete the standard survey exceptions from such Title Policy and to delete or insure over any Title Defects. If Insight Century or TCI notifies the other within 30 days following its receipt of both the Title Commitments and the Surveys of any Lien (other than a Permitted Lien or a Lien set forth in Schedules SCHEDULES 5.4 or 6.4, as applicable) or other matter affecting title to Owned Property of the other which prevents access to or which could prevent or impede in any way the use or operation of any parcel of Owned Property for the purposes for which it is currently used or operated by the other (each a "Title Defect"), the other will exercise commercially reasonable efforts to (i) remove such Title Defect, or (ii) with the consent of the objecting party, cause the Title Company to commit to insure over each such Title Defect prior to the Closing. If such Title Defect cannot be removed prior to Closing or the Title Company does not commit to insure over such Title Defect prior to Closing and if the objecting party elects to waive such Title Defect and proceed towards consummation of the transaction in accordance with this Agreement in its reasonable discretion, the objecting party Partnership and the party that owns such property shall enter intointo a written agreement at Closing containing the commitment of the party that owns such property to use commercially reasonable efforts to remedy the Title Defect following Closing on terms satisfactory to the Partnership in its reasonable discretion. Any decisions to be made by the Partnership pursuant to this Section shall be made by TCI with respect to Century Owned Property and by Century with respect to TCI Owned Property.

Title Commitments and Surveys. Insight The Partnership and TCI each will provide to the other, within 60 days after the date of this Agreement, (a) current commitments to issue title insurance policies on the 1992 ALTA CLTA owner's form (or its local equivalent in any state in which ALTA policies are not available) ("Title Commitments") by an agent writing for Old Republic Insurance Company, Chicago Title Insurance Company or another nationally-nationally recognized title insurance company (the "Title Company") and containing policy limits and other terms reasonably acceptable to the other, and, legible photocopies of all recorded items described as exceptions therein, committing to insure fee simple title in the other party to each parcel of the Owned Property and easements that provide access to such Owned Real Property included in its Assets, subject only to Permitted Liens, and (b) surveys of each parcel of Owned Property Property, in such form as is necessary to obtain the title insurance to be issued pursuant to the Title Commitments with the standard printed exceptions relating to survey matters deleted (the "Surveys"), certified to the other party and to the Title Company issuing a Title Commitment. The cost to obtain such Title Commitments and Surveys and other documents required by the Title Company to issue such policies and Surveys shall be split equally between Insight the Partnership and TCI; provided however that (x) each party shall pay for the cost to delete or insure over any Title Defects relating to its Owned Property and (y) the requesting party will pay the premiums and charges for any additional endorsements such party requests with respect to any Title Policy other than the endorsements to delete the standard survey exceptions from such Title Policy and to delete or insure over any Title Defects. If Insight Century or TCI notifies the other within 30 days following its receipt of both the Title Commitments and the Surveys of any Lien (other than a Permitted Lien or a Lien set forth in Schedules SCHEDULES 5.4 or 6.4, as applicable) or other matter affecting title to Owned Property of the other which prevents access to or which could prevent or impede in any way the use or operation of any parcel of Owned Property for the purposes for which it is currently used or operated by the other (each a "Title Defect"), the other will exercise commercially reasonable efforts to (i) remove such Title Defect, or (ii) with the consent of the objecting party, cause the Title Company to commit to insure over each such Title Defect prior to the Closing. If such Title Defect cannot be removed prior to Closing or the Title Company does not commit to insure over such Title Defect prior to Closing and if the objecting party elects to waive such Title Defect and proceed towards consummation of the transaction in accordance with this Agreement in its reasonable discretion, the objecting party and the other party that owns such property shall enter intointo a written agreement at Closing containing the other party's commitment to use commercially reasonable efforts to remedy the Title Defect following Closing on terms satisfactory to the objecting party, in its reasonable discretion.

Title Commitments and Surveys. Insight Cable One and TCI TCA each will provide to the other, within 60 days after the date of this Agreement, (a) current commitments to issue ALTA (1992 Rev.) owner's policy of title insurance policies on the 1992 ALTA owner's form (or its local equivalent in any state in which ALTA policies are not available) unavailable ("Title Commitments") by an agent writing for Old Republic Insurance Company, Chicago Title Insurance Company or another nationally-recognized title insurance company (the "Title Company") and containing policy limits and other terms reasonably acceptable to the other, and, and legible photocopies of all recorded items described as exceptions therein, committing to insure (i) good, marketable and indefeasible fee simple title in the other party to each parcel of the Owned Property and easements that provide access to such Owned Real Property included in its Assets, subject only to exceptions stated therein which are Permitted LiensLiens and (ii) easements which provide access to such Owned Property, and (b) surveys of each such parcel of Owned Property in such form as is necessary to obtain the title insurance to be issued pursuant to the Title Commitments with the standard printed exceptions relating to survey matters deleted (the "Surveys"), certified to the other party and to the Title Company issuing a Title Commitment. The Except as provided in SECTIONS 9.2.4 AND 9.3.4, the cost to obtain such Title Commitments title insurance policies and the cost of all Surveys and other documents required by the Title Company to issue such policies policies, together with all costs and Surveys shall be split equally between Insight and TCI; provided however that (x) each party shall pay for fees of the cost Title Company to delete or insure over any Title Defects relating record the deeds transferring title to its such Owned Property and (y) the requesting party will pay the premiums any other instruments or documentation related thereto, shall be shared equally by TCA and charges for any additional endorsements such party requests with respect to any Title Policy other than the endorsements to delete the standard survey exceptions from such Title Policy and to delete or insure over any Title DefectsCable One. If Insight Cable One or TCI TCA notifies the other within 30 20 days following of its receipt of both the Title Commitments and the Surveys of any Lien (other than a Permitted Lien or a Lien set forth in Schedules SCHEDULES 5.4 or 6.4, as applicable) or other matter affecting which renders or could render title to any parcel of Owned Property of the other which unmarketable or prevents or could prevent or impair access to or which interferes with or impairs or could prevent interfere with or impede in any way impair the use or operation of any parcel of Owned Property for the purposes for which it is currently used or operated by the other (each a "Title Defect"), the other will exercise commercially reasonable efforts to (i) remove such Title Defector, or (ii) with the consent of the objecting partyParty, cause the Title Company to commit to insure over over, each such Title Defect prior to the Closing. If such Title Defect cannot be removed prior to Closing or the Title Company does not commit to insure over such Title Defect prior to Closing and if the objecting party elects to waive such Title Defect and proceed towards consummation of the transaction in accordance with this Agreement in its reasonable discretion, the objecting party and the party that owns such property shall enter into.

Title Commitments and Surveys. Insight ▇▇▇▇▇ and TCI each will ----------------------------- provide to the other, within 60 45 days after the date of this Agreement, (a) current commitments to issue title insurance policies on the 1992 ALTA owner's form or lessee form, as appropriate (or its local equivalent in any state in which ALTA policies are not available) ("Title Commitments") issued by an agent writing for Old Republic Insurance Company, Chicago Title Insurance Company or another nationally-recognized on behalf of a title insurance company reasonably satisfactory to the other (the "Title Company") ), and containing policy limits and other terms reasonably acceptable to the other, and, and legible photocopies of all recorded items described as exceptions therein, committing to insure fee simple title in the other party to (i) each parcel of the Owned Property and easements that provide access to such Owned Real Property included in its Assets, subject only to Permitted LiensLiens and (ii) a leasehold interest in each parcel of Leased Property for those parcels of Leased Property used for headend or tower sites and on easements which provide access to such Leased Property, and (b) surveys of each such parcel of Owned Property or Leased Property in such form as is necessary to obtain the title insurance to be issued pursuant to the Title Commitments with the standard printed exceptions relating to survey matters deleted (the "Surveys"), certified to the other party and to the Title Company issuing a the Title Commitment. The cost to obtain such Title Commitments and Surveys and other documents required by the Title Company to issue such policies and Surveys shall will be split equally between Insight and TCI; provided however paid by the party that (x) each party shall pay for the cost owns or leases such property prior to delete or insure over any Title Defects relating to its Owned Property and (y) the requesting party will pay the premiums and charges for any additional endorsements such party requests with respect to any Title Policy other than the endorsements to delete the standard survey exceptions from such Title Policy and to delete or insure over any Title DefectsClosing. If Insight ▇▇▇▇▇ or TCI notifies the other within 30 20 days following of its receipt of both the Title Commitments and the Surveys of any Lien (other than a Permitted Lien or a Lien set forth in Schedules SCHEDULES 5.4 or 6.4, as applicable) or other matter affecting title to Owned Property or Leased Property of the other which or prevents access to or which could prevent or impede in any way the use or operation of any parcel of Owned Property or Leased Property for the purposes for which it is currently used or operated by the other (each a "Title Defect"), the other will exercise commercially reasonable efforts to (i) remove such Title Defector, or (ii) with the consent of the objecting partyparty (not to be unreasonably withheld), cause the Title Company to commit to insure over over, each such Title Defect prior to the Closing. If such Title Defect cannot be removed prior to Closing or the Title Company does not commit to insure over such Title Defect prior to Closing and if the objecting party elects to waive such Title Defect and proceed towards consummation of the transaction in accordance with this Agreement in its reasonable discretion, the objecting party and the party that owns such property shall enter into.