Buyer’s Breach. In the event Buyer does not close the transaction herein described for any reason or no reason as and when required herein (other than as a result of a material breach of this Agreement by Seller), then, in such event, Seller shall retain the Deposit as liquidated damages (“Liquidated Damages”). The parties hereto acknowledge Seller’s expenses and costs, in the event of a default by Xxxxx, would be impossible or very difficult to accurately estimate at the time of this Agreement and as a result, the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from breach of this Agreement by Buyer. As such, the Liquidated Damages constitute compensation, and not a penalty. In light of the foregoing, Buyer and Seller acknowledge and agree that the Liquidated Damages are fair, reasonable and necessary to provide Seller with a remedy upon Buyer’s breach of this Agreement.
Appears in 6 contracts
Samples: Foreclosure Purchase and Sale Agreement, Foreclosure Purchase and Sale Agreement, Foreclosure Purchase and Sale Agreement
Buyer’s Breach. In the event Buyer does not close the transaction herein described for any reason or no reason as and when required herein (other than as a result of a material breach of this Agreement by Seller), then, in such event, Seller shall retain the Deposit as liquidated damages (“Liquidated Damages”). The parties hereto acknowledge Seller’s expenses and costs, in the event of a default by XxxxxBuyer, would be impossible or very difficult to accurately estimate at the time of this Agreement and as a result, the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from breach of this Agreement by Buyer. As such, the Liquidated Damages constitute compensation, and not a penalty. In light of the foregoing, Buyer and Seller acknowledge and agree that the Liquidated Damages are fair, reasonable and necessary to provide Seller with a remedy upon Buyer’s breach of this Agreement.
Appears in 3 contracts
Samples: Foreclosure Purchase and Sale Agreement, Foreclosure Purchase and Sale Agreement, Foreclosure Purchase and Sale Agreement
Buyer’s Breach. In the event the Buyer does not close the transaction herein described for any reason or no reason as and when required herein (other than as a result of a material breach default of this Agreement by Seller), then, in such event, Seller shall retain the Deposit as liquidated damages (“Liquidated Damages”). The parties hereto acknowledge the Seller’s expenses and costs, in the event of a default by XxxxxBuyer, would be impossible or very difficult to accurately estimate at the time of this Agreement and as a result, result the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from breach of this Agreement by Buyer. As such, the Liquidated Damages constitute compensation, and not a penalty. In light of the foregoing, Buyer and Seller acknowledge and agree that the Liquidated Damages are fair, reasonable and necessary to provide Seller with a remedy upon Buyer’s breach of this Agreementdefault.
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