Common use of BREACH BY PURCHASER Clause in Contracts

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey 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) In the event of any default by Purchaser under this Agreement, other than Purchaser's failure to comply with Section 7 of this Agreement, Seller shall have any and all rights and remedies available at law or in equity by reason of such default. The provisions of this Section 9.2 shall not limit or affect any of Purchaser's indemnities as provided in other Sections of this Agreement.

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 6 ------------------- of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey 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) In Notwithstanding the provisions of Section 8.2(a) above, (i) in the event of any default by Purchaser under this Agreement, Agreement other than Purchaser's failure as described in Section 8.2(a) (including without limitation any breach by the Purchaser of the negative covenant, set forth in Section 8.1 above, not to comply with Section 7 of this Agreement, file any instrument(s) against title to the Property excepting the lis pendens described in -Section 8.1 above). Seller shall have any and all rights and remedies available at law or in equity by reason of such default. The default and (ii) the provisions of this Section 9.2 8.2 shall not limit or affect any of Purchaser's indemnities as provided in other Sections of this Agreement.

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Termination Option Payment 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) In the event of any default by Purchaser under this Agreement, other than Purchaser's failure to comply with Section 7 of this Agreement, Seller shall have any and all rights and remedies available at law or in equity by reason of such default. The provisions of this Section 9.2 shall not limit or affect any of Purchaser's indemnities as provided in other Sections of this Agreement.

BREACH BY PURCHASER. (a) If Purchaser fails to comply with Section 7 6 of this Agreement, Seller may terminate this Agreement and thereupon shall be entitled to the Earnxxx Xxxey Xxxxxxx Money and Additional Deposit, if any, as liquidated damages (and not as a penalty) and as Seller's sole remedy and relief hereunder at law or in equity (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) In the event of any default by Purchaser under this Agreement, other than Purchaser's failure to comply with Section 7 6 of this Agreement, Seller shall have any and all rights and remedies available at law or in equity by reason of such default. The provisions of this Section 9.2 8.2 shall not limit or affect any of Purchaser's indemnities as provided in other Sections of this Agreement.