Common use of BREACH BY PURCHASER Clause in Contracts

BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller, as Seller’s sole remedy and relief hereunder, may terminate this Agreement and thereupon receive the Xxxxxxx Money as liquidated damages (and not as a penalty). In no event shall Purchaser or any of its partners, employees, officers or directors be liable to Seller for any actual, punitive, speculative, consequential or other damages of any kind. Seller and Purchaser have made the foregoing provisions for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach, and agree that such sum represents reasonable compensation for such breach, except for damages related to representations, warranties, covenants and agreements which expressly survive Closing in accordance with the terms of this Agreement.

BREACH BY PURCHASER. If Purchaser breaches fails to consummate this AgreementAgreement for any reason, except Seller’s default or a termination of this Agreement by Seller pursuant to a right to do so under the provisions hereof not related to a default by Purchaser, Seller, as Seller’s its sole remedy and relief hereunderexclusive remedy, may terminate this Agreement and thereupon receive shall be entitled to the Xxxxxxx Money as liquidated damages (and not as a penalty). In no event shall Purchaser or any of its partners, employees, officers or directors be liable to Seller for any actual, punitive, speculative, consequential or other damages of any kind. Seller and Purchaser have made the foregoing provisions 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 such sum represents these sums represent reasonable compensation to Seller for such breach, except for damages related to representations, warranties, covenants and agreements which expressly survive Closing in accordance with the terms of this Agreement.

BREACH BY PURCHASER. If In the event that Purchaser breaches shall fail to consummate this AgreementAgreement for any reason except Seller's default or a termination of this Agreement by Purchaser or Seller pursuant to a right to do so under the provisions hereof, Seller, Seller as Seller’s its sole and exclusive remedy and relief hereunder, under this Agreement may terminate this Agreement and thereupon receive shall be entitled to retain the Xxxxxxx Money Earnxxx Xxxey as liquidated damages (and not as a penalty). In no event shall Purchaser or any of its partners, employees, officers or directors be liable to Seller for any actual, punitive, speculative, consequential or other damages of any kind. Seller and Purchaser have made the foregoing provisions 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 such sum represents these sums represent reasonable compensation to Seller for such breach, except for damages related to representations, warranties, covenants and agreements which expressly survive Closing . The provisions of this Section 8.2 shall not limit or affect any of Purchaser's indemnities as provided in accordance with the terms other Sections of this Agreement.