Common use of TITLE SEARCH Clause in Contracts

TITLE SEARCH. The Purchaser shall examine the title to the Property at his own expense, and shall not call for the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence of the title or occupiability of the Property, except such copies thereof as are in the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen (15) days prior to the Title Closing Date, and if within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, or to any outstanding work order, which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intervening acts or negotiations, be null and void, and the deposits paid shall be returned without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaid, and the Vendor shall have no further obligation hereunder and shall not be liable for any costs or damage to the Purchaser. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title to the Property. The Purchaser further agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to in this Agreement, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially complete.

TITLE SEARCH. The Purchaser Buyer shall be allowed until 6:00 p.m. on the ........................... day of..................................., 20. , (Requisition Date) to examine the title to the Property at his Buyer’s own expense, expense and shall not call for until the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence earlier of: (i) thirty days from the later of the title Requisition Date or occupiability of the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, except such copies thereof as are in the Vendor’s possessionand that its present use (. The Purchaser shall satisfy himself that the Property ) may be occupied in accordance with applicable municipal requirements and shall be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen (15) days prior to the Title Closing Date, and if lawfully continued. If within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, title or to any outstanding work orderorder or deficiency notice, or to the fact the said present use may not lawfully be continued, is made in writing to Seller and which the Vendor shall be Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which the Purchaser Buyer will not waive, then this Agreement shall, notwithstanding any intervening intermediate acts or negotiationsnegotiations in respect of such objections, shall be null at an end and void, and the deposits all monies paid shall be returned without interest or deduction and without deduction save for any extras or changes ordered by the Purchaser Seller, Listing Brokerage and as yet unpaid, and the Vendor shall have no further obligation hereunder and Co-operating Brokerage shall not be liable for any costs or damage to the Purchaserdamages. Save as to any valid objection so made within by such timeday and except for any objection going to the root of the title, the Purchaser Buyer shall be conclusively deemed to have accepted the Seller’s title to the Property. The Purchaser further Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the Property, and Seller agrees to accept title from the registered owner of the Property execute and to accept deliver such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to further authorizations in this Agreement, and in such case, the Purchaser regard as Buyer may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completereasonably require.

TITLE SEARCH. The Purchaser Buyer shall be allowed until 6:00 p.m. on the ........................... day of...................................., 20 , (Requisition Date) to examine the title to the Property at his Buyer’s own expense, expense and shall not call for until the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence earlier of: (i) thirty days from the later of the title Requisition Date or occupiability of the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, except such copies thereof as are in the Vendor’s possession. The Purchaser shall satisfy himself and that the Property its present use ( ) may be occupied in accordance with applicable municipal requirements and shall be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen (15) days prior to the Title Closing Date, and if lawfully continued. If within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, title or to any outstanding work orderorder or deficiency notice, or to the fact the said present use may not lawfully be continued, is made in writing to Seller and which the Vendor shall be Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which the Purchaser Buyer will not waive, then this Agreement shall, notwithstanding any intervening intermediate acts or negotiationsnegotiations in respect of such objections, shall be null at an end and void, and the deposits all monies paid shall be returned without interest or deduction and without deduction save for any extras or changes ordered by the Purchaser Seller, Listing Brokerage and as yet unpaid, and the Vendor shall have no further obligation hereunder and Co-operating Brokerage shall not be liable for any costs or damage to the Purchaserdamages. Save as to any valid objection so made within by such timeday and except for any objection going to the root of the title, the Purchaser Buyer shall be conclusively deemed to have accepted the Seller's title to the Property. The Purchaser further Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the Property, and Seller agrees to accept title from the registered owner of the Property execute and to accept deliver such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to further authorizations in this Agreement, and in such case, the Purchaser regard as Buyer may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completereasonably require.

TITLE SEARCH. The Purchaser During the period of Due Diligence, Buyer shall examine apply for a report of title (the title “Title Insurance Binder”) from the Title Company promptly following the Execution Date and the Buyer shall obtain a Survey of the Properties by a licensed New Jersey surveyor, and ▇▇▇▇▇ will furnish a copy of the Title Report and Survey to the Property at his own expenseSeller promptly after the Buyer receives same, but in no event later than thirty (30) Days following the Execution Date. Upon receipt of the Title Insurance Binder (and amendments and endorsements to same) and the Survey, and in no event later than the conclusion of the Due Diligence Period the Buyer shall not call for give the production Seller written notice of any surveys, title deeds, abstracts of defects or exceptions in title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence of than Permitted Exceptions and the title or occupiability of the Property, except such copies thereof as are standard printed exceptions appearing in the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall be allowed to submit his requisitions as to title and any other matters contemplated herebystandard ALTA form of Commitment for Title Insurance, until fifteen (15) days prior to the Title Closing Date, and if within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, or to any outstanding work order, which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intervening acts or negotiations, be null and voidrequiring correction, and the deposits paid requirements of the Title Company for correction of such defects (the “Buyer’s Title Notice”). With respect to those matters which are objected to in the Buyer’s Title Notice, the Seller shall notify the Buyer within ten (10) Business Days after receipt of the Buyer’s Title Notice (the “Seller’s Title Reply”) whether the Seller is willing to timely remove the matter objected to or timely comply with the conditions for approval imposed by the Buyer for conditionally approved matters. If the Seller fails to respond to the Buyer’s Title Notice in such ten (10) Business Day period, the Seller shall be returned without interest deemed to have refused to discharge or remove any matter and without deduction save for any extras or changes ordered by refused to comply with the Purchaser and as yet unpaid, and the Vendor Buyer’s conditions. The Seller shall have no further obligation hereunder and under this Agreement to pay any sum of money to achieve the discharge or removal of any matter or to comply with the Buyer’s objections or conditions, or incur any expense associated with any disapproved or conditionally approved matter; however, the Seller shall not be liable for any costs permitted to use all or damage a portion of the balance of the Purchase Price on the Closing Date to discharge or remove such objections. If the Seller fails to respond to the Purchaser. Save as to any valid objection so made within such time, Buyer’s Title Notice or if the Purchaser shall be conclusively deemed to have accepted the title to the Property. The Purchaser further agrees to accept title from the registered owner of the Property and to accept such ownerSeller’s title covenants in lieu of the Vendor’s in the event Title Reply indicates that the Vendor is Seller will not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to remove any or all of the restrictionstitle matters or timely comply with the Buyer’s title objections or conditions, easementsthe Seller shall not be in breach of this Agreement and the Buyer’s sole remedy is to terminate this Agreement by delivering a written notice of such termination to the Seller within ten (10) Business Days after receipt of the Seller’s Title Reply or expiration of the Seller’s time to send the Seller’s Title Reply without having responded (the “Title Termination Notice”). Upon Seller’s receipt of Title Termination Notice, covenants the Deposit shall be immediately returned to Buyer, this Agreement shall be terminated and agreements referred to in neither Seller nor Buyer shall have any further rights, claims or obligations arising out of this Agreement, and in such case, the Purchaser may be required Buyer will agree to execute vacate the Transfer/Deed prior to Properties. If the Buyer does not send the Title Closing DateTermination Notice pursuant to this Section 3.2, then those title matters identified in the Buyer’s Title Notice that the Seller refuses to discharge or remove shall be deemed to constitute Permitted Exceptions and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser Buyer shall not register, or cause be deemed to be registered, this Agreement on have unconditionally and irrevocably waived any right to object to any such title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completematters.

TITLE SEARCH. The Purchaser shall examine Provided the title is good and free from all encumbrances except as herein provided, and except as to building and other restrictions, and to any easement or right of way granted or to be granted for installation and/or maintenance of services, T.V. transmission system, mutual driveways, environmental easements, easements for noise and vibration and for access to year yards and for maintenance of adjoining dwellings, if applicable. Furthermore, title to the Property at his own expensemay be subject to encroachments by portions of the buildings located on abutting lands, including eaves, eavestroughing, or other attachments to the roofs, and shall the Purchaser further acknowledges that portions of the Dwelling may encroach onto abutting lands where the right to do so exists. The Purchaser further acknowledges that the Property may be subject to possible fence encroachments. The Purchaser is not to call for the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits abstract or certificates, nor any other proof or evidence of the title or occupiability of the Property, except such copies thereof as are in the possession of the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall is to be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen thirty (1530) days prior to the Title Closing Date, to examine the title at his own expense and if if, within that time the Purchaser shall furnish the Vendor in writing with time, any valid objection to title, or title is made in writing to any outstanding work order, the Vendor which the Vendor shall be unable or unwilling to remove, remove and which the Purchaser will not waive, then waive this Agreement shallshall (except for the Purchaser's obligations for extras or changes), notwithstanding any intervening acts intermediate act or negotiations, negotiations be null and void, void and the deposits paid deposit monies shall be returned returned, without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaidinterest, and the Vendor shall have no further obligation hereunder and the Broker shall not be liable for any damages or costs whatsoever, including, without limiting the generality of the foregoing, loss of bargain, relocation costs, loss of income, professional fees and disbursements and any amount paid to third parties on account of decoration, construction or damage to the Purchaserfixturing costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Purchaser further acknowledges and agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining respond to any some or all of the restrictions, easements, covenants and agreements referred to in this Agreementrequisitions submitted by or on behalf of the Purchaser through the use of a standard title memorandum or title advice statement prepared by the Vendor’s Solicitors, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision same shall constitute a fundamental breach satisfactory manner of this Agreementresponding to the Purchaser’s requisitions, entitling thereby relieving the Vendor and the Vendor’s Solicitors of the requirement to respond directly or specifically to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completePurchaser’s requisitions.

TITLE SEARCH. The Purchaser shall examine Provided the title is good and free from all encumbrances except as herein provided, and except as to building and other restrictions, and to any easement or right of way granted or to be granted for installation and/or maintenance of services, T.V. transmission system, mutual driveways, environmental easements, easements for noise and vibration and for maintenance of adjoining dwellings, if applicable. Furthermore, title to the Property at his own expensemay be subject to encroachments by portions of the buildings located on abutting lands, including ▇▇▇▇▇, eavestroughing, or other attachments to the roofs, and shall the Purchaser further acknowledges that portions of the Dwelling may encroach onto abutting lands where the right to do so exists. The Purchaser further acknowledges that the Property may be subject to possible fence encroachments. The Purchaser is not to call for the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits abstract or certificates, nor any other proof or evidence of the title or occupiability of the Property, except such copies thereof as are in the possession of the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall is to be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen thirty (1530) days prior to the Title Closing Date, to examine the title at his own expense and if if, within that time the Purchaser shall furnish the Vendor in writing with time, any valid objection to title, or title is made in writing to any outstanding work order, the Vendor which the Vendor shall be unable or unwilling to remove, remove and which the Purchaser will not waive, then waive this Agreement shallshall (except for the Purchaser's obligations for extras or changes), notwithstanding any intervening acts intermediate act or negotiations, negotiations be null and void, void and the deposits paid deposit monies shall be returned returned, without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaidinterest, and the Vendor shall have no further obligation hereunder and the Broker shall not be liable for any damages or costs whatsoever, including, without limiting the generality of the foregoing, loss of bargain, relocation costs, loss of income, professional fees and disbursements and any amount paid to third parties on account of decoration, construction or damage to the Purchaserfixturing costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title to the Property. The Purchaser further agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to in this Agreement, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completeProperty.

TITLE SEARCH. The Purchaser Buyer shall be allowed until 6:00 p.m. on the ........................... day of...................................., 20 , (Requisition Date) to examine the title to the Property at his Buyer’s own expense, expense and shall not call for until the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence earlier of: (i) thirty days from the later of the title Requisition Date or occupiability of the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the Property, except such copies thereof as are in the Vendor’s possessionand that its present use (. The Purchaser shall satisfy himself that the Property ) may be occupied in accordance with applicable municipal requirements and shall be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen (15) days prior to the Title Closing Date, and if lawfully continued. If within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, title or to any outstanding work orderorder or deficiency notice, or to the fact the said present use may not lawfully be continued, is made in writing to Seller and which the Vendor shall be Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance save and except against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs at the expense of the Seller), and which the Purchaser Buyer will not waive, then this Agreement shall, notwithstanding any intervening intermediate acts or negotiationsnegotiations in respect of such objections, shall be null at an end and void, and the deposits all monies paid shall be returned without interest or deduction and without deduction save for any extras or changes ordered by the Purchaser Seller, Listing Brokerage and as yet unpaid, and the Vendor shall have no further obligation hereunder and Co-operating Brokerage shall not be liable for any costs or damage to the Purchaserdamages. Save as to any valid objection so made within by such timeday and except for any objection going to the root of the title, the Purchaser Buyer shall be conclusively deemed to have accepted the Seller's title to the Property. The Purchaser further Seller hereby consents to the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency notices affecting the Property, and Seller agrees to accept title from the registered owner of the Property execute and to accept deliver such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to further authorizations in this Agreement, and in such case, the Purchaser regard as Buyer may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Datereasonably require. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision shall constitute a fundamental breach of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially complete.SAMPLE

TITLE SEARCH. The Purchaser agrees to promptly obtain, at Purchaser’s sole cost and expense, a title report of the Property (the “Title Report”) from First American Title Insurance Company (the “Title Company”), and a survey of the Property (the “Survey”) by a licensed New Jersey Surveyor, and to furnish a copy of said title report and survey to Seller promptly after Purchaser receives each, but in no event later than the end of the Due Diligence Period. If anything in said Title Report or Survey constitutes a title defect (as determined by Purchaser in its sole discretion), then Purchaser shall examine promptly give notice thereof to Seller specifying in detail such title defect(s), but in no event later than 12:01 p.m. on the last day of the Due Diligence Period (time being of the essence with respect to said time and date) or Purchaser shall be deemed to have waived all objections based upon such title defect(s), or not cure, satisfy and/or discharge same. Furthermore, Purchaser shall be permitted to object to any matters first disclosed to Purchaser subsequent to the initial date of the Survey and/or Title Report by providing notice thereof to Seller no later than five (5) business days following receipt by Purchaser of the updated Survey and/or the updated Title Report, as applicable, which disclosed such new matter. If Seller elects by written notice delivered to Purchaser (which notice shall be delivered no later than five (5) business days following delivery by Purchaser of the applicable notice of title defects) not to cure, satisfy or discharge same, or fails to timely deliver such written notice, Purchaser’s sole right shall be to terminate this Agreement on written notice to Seller within five (5) business days after Seller shall notify Purchaser that it is unable or does not elect to cure, satisfy or discharge same, in which event the Deposit shall be returned to Purchaser by Escrow Agent, and neither party shall have any further rights or liabilities hereunder thereafter; provided, however, that if Purchaser shall not so terminate this Agreement, Purchaser shall accept title subject to such title defect(s) without reduction or abatement of the Purchase Price set forth above. If the Seller elects to cure, but fails to do so, Purchaser shall have its rights and remedies under paragraph 15 of this Agreement. It is distinctly understood and agreed that, except as otherwise provided in this Agreement, Seller shall not be required to bring any action or proceeding, take any steps, or otherwise incur any expense to remove or cure any title defect(s) or otherwise render title to the Property at his own expensemarketable. Notwithstanding anything contained herein to the contrary, and shall not call for (i) any matters first disclosed to Purchaser subsequent to the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits or certificates, nor any other proof or evidence date of the title Survey and/or Title Report that are caused or occupiability of the Propertyconsented to by Seller shall be removed and/or cured prior to Closing by Seller, except such copies thereof as are in the Vendor’s possession. The Purchaser (ii) Seller shall satisfy himself that discharge and remove any and all liens and encumbrances affecting the Property may be occupied in accordance with applicable municipal requirements which secure an obligation to pay money (other than installments of real and shall be allowed to submit his requisitions personal property taxes and liens for special improvements not due and payable as to title of Closing) and any other matters contemplated hereby, until fifteen (15iii) days prior to the Title Closing Date, and if within that time the Purchaser shall furnish the Vendor in writing with any valid objection to title, or to any outstanding work order, which the Vendor shall be unable or unwilling to remove, and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intervening acts or negotiations, be null and void, and the deposits paid shall be returned without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaid, and the Vendor shall have no further obligation hereunder and shall not be liable for any costs or damage to the Purchaser. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title to the Property. The Purchaser further agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner any title defect or other title matter arises as a result of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants a default by the Purchaser pertaining to any or all of the restrictions, easements, covenants and agreements referred to in Seller under this Agreement, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, have its rights and any registration thereof in contravention of this provision shall constitute a fundamental breach remedies under paragraph 15 of this Agreement, entitling the Vendor to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially complete.

TITLE SEARCH. The Purchaser shall examine Provided the title is good and free from all encumbrances except as herein provided, and except as to building and other restrictions, and to any easement or right of way granted or to be granted for installation and/or maintenance of services, T.V. transmission system, mutual driveways, environmental easements, easements for noise and vibration and for access to rear yards and for maintenance of adjoining dwellings, if applicable. Furthermore, title to the Property at his own expensemay be subject to encroachments by portions of the buildings located on abutting lands, including ▇▇▇▇▇, eavestroughing, or other attachments to the roofs, and shall the Purchaser further acknowledges that portions of the Dwelling may encroach onto abutting lands where the right to do so exists. The Purchaser further acknowledges that the Property may be subject to possible fence encroachments. The Purchaser is not to call for the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits abstract or certificates, nor any other proof or evidence of the title or occupiability of the Property, except such copies thereof as are in the possession of the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall is to be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen thirty (1530) days prior to the Title Closing Date, to examine the title at his own expense and if if, within that time the Purchaser shall furnish the Vendor in writing with time, any valid objection to title, or title is made in writing to any outstanding work order, the Vendor which the Vendor shall be unable or unwilling to remove, remove and which the Purchaser will not waive, then waive this Agreement shallshall (except for the Purchaser's obligations for extras or changes), notwithstanding any intervening acts intermediate act or negotiations, negotiations be null and void, void and the deposits paid deposit monies shall be returned returned, without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaidinterest, and the Vendor shall have no further obligation hereunder and the Broker shall not be liable for any damages or costs whatsoever, including, without limiting the generality of the foregoing, loss of bargain, relocation costs, loss of income, professional fees and disbursements and any amount paid to third parties on account of decoration, construction or damage to the Purchaserfixturing costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Purchaser further acknowledges and agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining respond to any some or all of the restrictions, easements, covenants and agreements referred to in this Agreementrequisitions submitted by or on behalf of the Purchaser through the use of a standard title memorandum or title advice statement prepared by the Vendor’s Solicitors, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision same shall constitute a fundamental breach satisfactory manner of this Agreementresponding to the Purchaser’s requisitions, entitling thereby relieving the Vendor and the Vendor’s Solicitors of the requirement to respond directly or specifically to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completePurchaser’s requisitions.

TITLE SEARCH. The Purchaser shall examine Provided the title is good and free from all encumbrances except as herein provided, and except as to building and other restrictions, and to any easement or right of way granted or to be granted for installation and/or maintenance of services, T.V. transmission system, mutual driveways, environmental easements, easements for noise and vibration and for access to year yards and for maintenance of adjoining dwellings, if applicable. Furthermore, title to the Property at his own expensemay be subject to encroachments by portions of the buildings located on abutting lands, including ▇▇▇▇▇, eavestroughing, or other attachments to the roofs, and shall the Purchaser further acknowledges that portions of the Dwelling may encroach onto abutting lands where the right to do so exists. The Purchaser further acknowledges that the Property may be subject to possible fence encroachments. The Purchaser is not to call for the production of any surveys, title deeds, abstracts of title, grading, certificates, occupancy permits abstract or certificates, nor any other proof or evidence of the title or occupiability of the Property, except such copies thereof as are in the possession of the Vendor’s possession. The Purchaser shall satisfy himself that the Property may be occupied in accordance with applicable municipal requirements and shall is to be allowed to submit his requisitions as to title and any other matters contemplated hereby, until fifteen thirty (1530) days prior to the Title Closing Date, to examine the title at his own expense and if if, within that time the Purchaser shall furnish the Vendor in writing with time, any valid objection to title, or title is made in writing to any outstanding work order, the Vendor which the Vendor shall be unable or unwilling to remove, remove and which the Purchaser will not waive, then waive this Agreement shallshall (except for the Purchaser's obligations for extras or changes), notwithstanding any intervening acts intermediate act or negotiations, negotiations be null and void, void and the deposits paid deposit monies shall be returned returned, without interest and without deduction save for any extras or changes ordered by the Purchaser and as yet unpaidinterest, and the Vendor shall have no further obligation hereunder and the Broker shall not be liable for any damages or costs whatsoever, including, without limiting the generality of the foregoing, loss of bargain, relocation costs, loss of income, professional fees and disbursements and any amount paid to third parties on account of decoration, construction or damage to the Purchaserfixturing costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Property. The Purchaser further acknowledges and agrees to accept title from the registered owner of the Property and to accept such owner’s title covenants in lieu of the Vendor’s in the event that the Vendor is not the registered owner of the Property on the Title Closing Date. The Vendor shall be entitled to insert in the Transfer/Deed specific covenants by the Purchaser pertaining respond to any some or all of the restrictions, easements, covenants and agreements referred to in this Agreementrequisitions submitted by or on behalf of the Purchaser through the use of a standard title memorandum or title advice statement prepared by the Vendor’s Solicitors, and in such case, the Purchaser may be required to execute the Transfer/Deed prior to the Title Closing Date, and the Vendor may require in addition that the Purchaser deliver his separate written covenant on the Title Closing Date. The Purchaser shall not register, or cause to be registered, this Agreement on title to the Property and/or the Lands, nor any notice thereof, nor any caution or lis pendens with respect thereto, nor any certificate of pending litigation or other similar court process, until after the Title Closing Date, and any registration thereof in contravention of this provision same shall constitute a fundamental breach satisfactory manner of this Agreementresponding to the Purchaser’s requisitions, entitling thereby relieving the Vendor and the Vendor’s Solicitors of the requirement to respond directly or specifically to the rights, remedies and provisions hereinafter set forth. The Purchaser acknowledges that prior to the Title Closing Date, the Building Department for the municipality shall verbally advise that the Unit is occupiable but that a final inspection shall not be conducted until the entire Condominium is substantially completePurchaser’s requisitions.