Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 8 contracts
Samples: Purchase Agreement (Cole Credit Property Trust V, Inc.), Purchase Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Master Purchase Agreement (Cole Credit Property Trust V, Inc.)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Earnest Money Deposit in accordance with subsection 5(b) as Seller’s agreed 's xxxxxx and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 5 contracts
Samples: Assignment of Purchase Agreement (Cole Credit Property Trust II Inc), Assignment of Purchase Agreement (Cole Credit Property Trust II Inc), Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s 's agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 4 contracts
Samples: Purchase Agreement (Cole Credit Property Trust II Inc), Master Purchase Agreement (Cole Credit Property Trust II Inc), Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s 's agreed and total liquidated damages. , in which event Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 1 contract
Samples: Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Exxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 1 contract
Samples: Master Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, Buyer shall also be deemed to have breached the Additional Agreement and as its Seller's sole remedy for breach of this Agreement Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s 's agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer. This limitation of damages does not apply to the indemnification under Sections 7(b) and 17.
Appears in 1 contract
Samples: Assignment of Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer except with respect to Buyer’s indemnification obligations set forth in Section 7(b) above.
Appears in 1 contract
Samples: Master Purchase Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(bSubparagraph 5(ii) as Seller’s 's agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer.
Appears in 1 contract
Samples: Purchase Agreement (Cole Credit Property Trust II Inc)
Buyer’s Breach. If Buyer breaches this Agreement, as its sole remedy Seller shall be entitled to retain the Xxxxxxx Money Deposit in accordance with subsection 5(b) as Seller’s agreed and total liquidated damages. Seller hereby waives any right to seek any equitable or legal remedies against Buyer; provided however, Buyer hereby acknowledges and agrees that the provisions of this Section 20(b) shall not limit any rights or remedies Seller may have against Buyer for any indemnification of Seller by Buyer under this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (AmREIT Monthly Income & Growth Fund IV LP)
