Breach by Buyer. In the event of a breach of Buyer’s obligations herein, Seller’s sole legal and equitable remedy (except for breaches related to Buyer’s indemnity and insurance obligations) shall be to terminate this Agreement and retain Buyer’s Xxxxxxx Money Deposit as AGREED LIQUIDATED DAMAGES for such breach, and upon payment in full to Seller of such Xxxxxxx Money Deposit, the parties shall have no further rights, claims, liabilities or obligations under this Agreement (except the indemnity and insurance obligations of Buyer, for which Seller, in the event of a breach thereof by Buyer, shall have available to it all remedies at law or in equity).
Appears in 2 contracts
Samples: Real Estate Sale Agreement (Hartman Short Term Income Properties XX, Inc.), Agreement (Inland Western Retail Real Estate Trust Inc)
Breach by Buyer. In the event of a breach of Buyer’s 's obligations herein, Seller’s 's sole legal and equitable remedy (except for breaches related to Buyer’s 's indemnity and insurance obligations) shall be to terminate this Agreement and retain Buyer’s 's Xxxxxxx Money Deposit as AGREED LIQUIDATED DAMAGES for such breach, and upon payment in full to Seller of such Xxxxxxx Money Deposit, the parties shall have no further rights, claims, liabilities or obligations under this Agreement (except the indemnity and insurance obligations of Buyer, for which Seller, in the event of a breach thereof by Buyer, shall have available to it all remedies at law or in equity).
Appears in 2 contracts
Samples: Real Estate Sale Agreement, Assignment and Assumption (Inland Diversified Real Estate Trust, Inc.)
Breach by Buyer. In the event of a breach of Buyer’s obligations herein, Seller’s sole legal and equitable remedy (except for breaches related to Buyer’s indemnity and insurance obligations) shall be to terminate this Agreement and retain Buyer’s Xxxxxxx Exxxxxx Money Deposit as AGREED LIQUIDATED DAMAGES for such breach, and upon payment in full to Seller of such Xxxxxxx Exxxxxx Money Deposit, the parties shall have no further rights, claims, liabilities or obligations under this Agreement (except the indemnity and insurance obligations of Buyer, for which Seller, in the event of a breach thereof by Buyer, shall have available to it all remedies at law or in equity).
Appears in 1 contract
Samples: Real Estate Sale Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)