Breach by Seller. If Seller breaches this Agreement, Purchaser may terminate this Agreement by giving written notice of such termination to Seller and Escrow Agent and thereupon shall be entitled to the immediate return of the Xxxxxxx Money and Purchaser and Seller shall have no further liability hereunder. In the alternative Purchaser may seek specific performance of Seller’s obligations hereunder. In no event shall Seller or any of its partners, employees, officers or directors be liable to Purchaser for any actual, punitive, speculative, consequential or other damages of any kind, except for damages related to representations, warranties, covenants and agreements which expressly survive Closing in accordance with the terms of this Agreement.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc), Purchase and Sale Agreement (Berkshire Income Realty Inc)