Common use of Breach by Seller Clause in Contracts

Breach by Seller. In the event of a breach of Seller's obligations herein, Buyer may, at Buyer's election: (i) terminate this Agreement and receive a return of the Xxxxxxx Money Deposit, and the parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees); or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 2 contracts

Samples: Real Estate Sale Agreement, Assignment and Assumption (Inland Diversified Real Estate Trust, Inc.)

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Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Money Deposit, and the parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Regency Realty Corp), Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties shall have shaxx xxxx no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Regency Realty Corp), Purchase and Sale Agreement (Regency Centers Lp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and the failure of Seller to cure such breach prior to Closing, Buyer may, at Buyer's electionelection and as Buyer's sole and exclusive remedy do one of the following: (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties shall have no further rights or rixxxx xx obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Avado Brands Inc)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties shall have no xxxx xo further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance brought within ninety (including costs and expenses of suit, including reasonable attorney's fees)90) days after the originally scheduled Closing Date; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Contribution Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the axx xxx parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's ’s obligations herein, Buyer may, at Buyer's ’s election: (i) terminate this Agreement and receive a return of the Xxxxxxx Money Deposit, and the parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's ’s fees); or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Agreement (Inland Western Retail Real Estate Trust Inc)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties pxxxxxx shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Reinstatement Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties xxx xxxties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties xxxxxxx shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

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Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Money Deposit, and the parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach, without any reduction in the Purchase Price.

Appears in 1 contract

Samples: 9 Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's ’s obligations herein, Buyer may, at Buyer's ’s election: (i) terminate this Agreement and receive a return of the Xxxxxxx Money Deposit, and the parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Real Estate Sale Agreement (Hartman Short Term Income Properties XX, Inc.)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties shall partiex xxxxx have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties anx xxx xarties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the xxx xxx parties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Real Estate Purchase Agreement (Regency Realty Corp)

Breach by Seller. In the event of a breach of Seller's obligations hereincovenants or warranties herein and failure by Seller to cure such breach within the time provided for Closing, Buyer may, at Buyer's election: election and as Buyer's sole remedy (i) terminate this Agreement and receive a return of the Xxxxxxx Earnest Money Deposit, and the parties xxx xxxties shall have no further rights or obligations under this Agreement (except as expressly survive termination); (ii) enforce this Agreement by suit for specific performance (including costs and expenses of suit, including reasonable attorney's fees)performance; or (iii) waive such breach and close the purchase contemplated hereby, notwithstanding such breach.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Regency Realty Corp)

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