Breach by Seller. If Seller shall default in its obligations under this Agreement on or before the Closing Date, Purchaser shall have the right to elect (in its sole discretion) to either: (i) terminate this Agreement by written notice to Seller and Escrow Agent, whereupon Escrow Agent shall immediately return the Deposit to Purchaser, together with the right to assert a claim against Seller for actual, third party expenses incurred by Purchaser in furtherance of its due diligence investigations, or (ii) elect to pursue a claim against Seller for specific performance of this Agreement (including reasonable attorney fees and costs associated with any claim).
Appears in 6 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Inland Diversified Real Estate Trust, Inc.), Purchase and Sale Agreement (Inland Diversified Real Estate Trust, Inc.)
