BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon be entitled to receive the Earnxxx Xxxey as liquidated damages (and not as a penalty), or (b) enforce specific performance of this Agreement. Seller and Purchaser have made the above provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach and that these sums represent reasonable compensation to Seller for such breach.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Southern Community Bancorp)
BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon be entitled to receive the Earnxxx Xxxey as liquidated damages (and not as a penalty), or (b) enforce specific performance of this Agreement. Seller and Purchaser have made the above provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach breach, and that these sums represent reasonable compensation to Seller for such breach.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Citizens Bancshares of Southwest Florida Inc)
BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon be entitled to receive the Earnxxx Xxxey and the Option Money together with all interest accrued thereon, if any, as liquidated damages (and not as a penalty), ) or (b) enforce specific performance of this Agreement. Seller and Purchaser have made the above this provision for liquidated damages because it would be difficult to calculate, calculate on the date hereof, hereof the amount of actual damages for such breach breach, and that these sums represent reasonable compensation to Seller for such breach.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Peoples Community Capital Corp)
BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon be entitled to receive the Earnxxx Xxxey Xxxxxxx Money as liquidated damages (and not as a penalty), or (b) enforce specific performance of this Agreement. Seller and Purchaser have made the above provision for liquidated damages because it would be difficult to calculate, on the date hereof, the amount of actual damages for such breach breach, and that these sums represent reasonable compensation to Seller for such breach.
Appears in 1 contract
Samples: Purchase and Sale Agreement
BREACH BY PURCHASER. If Purchaser breaches this Agreement, Seller may, as Seller's sole remedy and relief hereunder, either (a) terminate this Agreement and thereupon shall be entitled to receive the Earnxxx Xxxey together with all interest accrued thereon, if any, as liquidated damages (and not as a penalty), or (b) enforce specific performance of this Agreementand as Seller's sole remedy and relief hereunder. Seller and Purchaser have made the above this provision for liquidated damages because it would be difficult to calculate, calculate on the date hereof, hereof the amount of actual damages for such breach breach, and that these sums represent reasonable compensation to Seller for such breach.
Appears in 1 contract