BREACH BY PURCHASER. (a) If Purchaser fails to comply with any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Xxxxxxx Money as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach. (b) Notwithstanding the provisions of SECTION 8.2(A) above, the foregoing shall not in any way limit, affect or impair any of Purchaser's indemnities as provided in SECTIONS 4.2, 6.3(B) or 10.2 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
BREACH BY PURCHASER. (a) If Purchaser fails to comply with any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Xxxxxxx Money as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.
(b) Notwithstanding the provisions of SECTION 8.2(A) above, the foregoing shall not in any way limit, affect or impair any of Purchaser's indemnities as provided in SECTIONS 4.2, 6.3(B) 4.2 or 10.2 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)
BREACH BY PURCHASER. (a) If Purchaser fails to comply with any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Xxxxxxx Money as liquidated damages (and not as a penalty) and as Seller's ’s sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.
(b) Notwithstanding the provisions of SECTION 8.2(ASection 8.2(a) above, the foregoing shall not in any way limit, affect or impair any of Purchaser's ’s indemnities as provided in SECTIONS Sections 4.2, 6.3(B5.1, 6.3(b) or 10.2 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)
BREACH BY PURCHASER. (a) If Purchaser fails to comply with any of the terms, conditions or obligations of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Xxxxxxx Exxxxxx Money as liquidated damages (and not as a penalty) and as Seller's ’s sole remedy and relief hereunder (except for the Surviving Obligations). Seller and Purchaser have made this provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and Seller and Purchaser agree that these sums represent reasonable compensation to Seller for such breach.
(b) Notwithstanding the provisions of SECTION 8.2(ASection 8.2(a) above, the foregoing shall not in any way limit, affect or impair any of Purchaser's ’s indemnities as provided in SECTIONS Sections 4.2, 6.3(B5.1, 6.3(b) or 10.2 of this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Resource Real Estate Investors 7, L.P.)