Common use of Buyer Default Clause in Contracts

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 35 contracts

Samples: Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Nine, Inc.)

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Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing)Seller, then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, Deposit shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and except as otherwise expressly provided herein, both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 29 contracts

Samples: Management Agreement (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Nine, Inc.), Purchase Contract (Apple REIT Nine, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing)Seller, then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 23 contracts

Samples: Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days following written notice from Seller the Company (provided no notice shall extend the time for Closing), then at Seller’s the election of a majority of the Interest Owners by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller Interest Owners as Seller’s the sole and exclusive remedy of the Interest Owners and the Company hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller the Interest Owners shall thereupon be released from all obligations hereunder.

Appears in 12 contracts

Samples: Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.), Purchase Contract (Apple REIT Seven, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller Sellers as Seller’s Sellers’ sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller Sellers shall thereupon be released from all obligations hereunder.

Appears in 5 contracts

Samples: Purchase Contract (Apple REIT Eight, Inc.), Purchase Contract (Apple REIT Eight, Inc.), Purchase Contract (Apple REIT Nine, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing)Seller, then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Earxxxx Xxney Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 4 contracts

Samples: Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.), Purchase Contract (Apple REIT Ten, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 3 contracts

Samples: Purchase Contract (Apple Reit Six Inc), Purchase Contract (Apple Reit Six Inc), Purchase Contract (Apple REIT Eight, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s Sellers’ election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller Sellers as Seller’s Sellers’ sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller Sellers shall thereupon be released from all obligations hereunder.

Appears in 2 contracts

Samples: Purchase Contract (Apple Reit Six Inc), Purchase Contract (Apple REIT Seven, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple Hospitality Five Inc)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Eight, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Nine, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such which default continues uncured for thirty fifteen (3015) days following after written notice from is given by Seller (provided no notice shall extend the time for Closing)to Buyer, then thereafter at Seller’s 's election by written notice to BuyerBuyer delivered at any time prior to the completion of such cure, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, earnest money deposit shall be paid to and retained anx xxxxxned by the Seller as Seller’s 's sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s 's default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (CDX Com Inc)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days Business Days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder, except as otherwise expressly provided herein.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Eight, Inc.)

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Buyer Default. If Buyer defaults under this Contract after the Review PeriodContract, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing)Seller, then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Nine, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder. Buyer shall, at Seller’s request, provide Seller copies of any Survey, Environmental or Title Commitments.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Nine, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s 's election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money remaining Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s 's sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s 's default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Escrow Agreement (Apple Hospitality Five Inc)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunderhereunder except for any covenants relating to confidentiality of records and information.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Eight, Inc.)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty (30) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Exxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Interstate Hotels & Resorts Inc)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty ten (3010) days following written notice from Seller (provided no notice shall extend the time for Closing), then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money remaining Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple Reit Six Inc)

Buyer Default. If Buyer defaults under this Contract after the Review Period, and such default continues for thirty five (305) days following written notice from Seller (provided no notice shall extend the time for Closing)Seller, then at Seller’s election by written notice to Buyer, this Contract shall be terminated and of no effect, in which event the Xxxxxxx Money Deposit, including any interest thereon, shall be paid to and retained by the Seller as Seller’s sole and exclusive remedy hereunder, and as liquidated damages for Buyer’s default or failure to close, and both Buyer and Seller shall thereupon be released from all obligations hereunder.

Appears in 1 contract

Samples: Purchase Contract (Apple REIT Nine, Inc.)

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