Common use of Buyer’s Default Clause in Contracts

Buyer’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of Buyer's default hereunder, Seller shall be entitled, as its sole and exclusive remedy hereunder, to receipt of the Escrow Money amount as full and complete liquidated damages for such default of Buyer. The Parties hereby acknowledge that it is impossible to estimate more precisely the damages which might be suffered by Seller upon Buyer’s default of this Agreement or any duty arising in connection or relating herewith. Seller’s entitlement to and receipt of the Escrow Money is intended not as a penalty, but as full and complete liquidated damages. The right to retain such sums as full liquidated damages is Seller’s sole and exclusive remedy in the event of default or failure to perform hereunder by Buyer, and Seller hereby waives and releases any right to (and hereby covenants that it shall not) xxx Buyer for any claims, injury, or loss arising from or in connection with this Agreement, including without limitation: (i) for specific performance of this Agreement; or (ii) to recover any damages in excess of such liquidated damages.

Appears in 134 contracts

Samples: Real Estate Purchase and Sell Agreement, Commercial Real Estate Purchase Agreement, Commercial Real Estate Purchase Agreement

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Buyer’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of BuyerXxxxx's default hereunder, Seller shall be entitled, as its sole and exclusive remedy hereunder, to receipt of the Escrow Money amount as full and complete liquidated damages for such default of Buyer. The Parties hereby acknowledge that it is impossible to estimate more precisely the damages which might be suffered by Seller upon BuyerXxxxx’s default of this Agreement or any duty arising in connection or relating herewith. Seller’s entitlement to and receipt of the Escrow Money is intended not as a penalty, but as full and complete liquidated damages. The right to retain such sums as full liquidated damages is Seller’s sole and exclusive remedy in the event of default or failure to perform hereunder by BuyerXxxxx, and Seller hereby waives and releases any right to (and hereby covenants that it shall not) xxx sue Buyer for any claims, injury, or loss arising from or in connection with this Agreement, including without limitation: (i) for specific performance of this Agreement; or (ii) to recover any damages in excess of such liquidated damages.

Appears in 34 contracts

Samples: Real Estate Purchase and Sell Agreement, Real Estate Purchase and Sell Agreement, Commercial Real Estate Purchase Agreement

Buyer’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of the Buyer's default hereunder, Seller shall be entitled, as its sole and exclusive remedy hereunder, to receipt of the Escrow Money amount as full and complete liquidated damages for such default of the Buyer. The Parties hereby acknowledge that it is impossible to estimate more precisely the damages which might be suffered by the Seller upon the Buyer’s default of this Agreement or any duty arising in connection or relating herewith. The Seller’s entitlement to and receipt of the Escrow Money is intended not as a penalty, but as full and complete liquidated damages. The right to retain such sums as full liquidated damages is the Seller’s sole and exclusive remedy in the event of default or failure to perform hereunder by the Buyer, and the Seller hereby waives and releases any right to (and hereby covenants that it shall not) xxx sue the Buyer for any claims, injury, or loss arising from or in connection with this Agreement, including without limitation: (i) for specific performance of this Agreement; or (ii) to recover any damages in excess of such liquidated damages.

Appears in 2 contracts

Samples: Commercial Real Estate Purchase Agreement, Commercial Real Estate Purchase Agreement

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Buyer’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of BuyerXxxxx's default hereunder, Seller shall be entitled, as its sole and exclusive remedy hereunder, to receipt of the Escrow Money amount as full and complete liquidated damages for such default of Buyer. The Parties hereby acknowledge that it is impossible to estimate more precisely the damages which might be suffered by Seller upon Buyer’s Xxxxx's default of this Agreement or any duty arising in connection or relating herewith. Seller’s 's entitlement to and receipt of the Escrow Money is intended not as a penalty, but as full and complete liquidated damages. The right to retain such sums as full liquidated damages is Seller’s 's sole and exclusive remedy in the event of default or failure to perform hereunder by BuyerXxxxx, and Seller hereby waives and releases any right to (and hereby covenants that it shall not) xxx sue Buyer for any claims, injury, or loss arising from or in connection with this Agreement, including without limitation: (i) for specific performance of this Agreement; or (ii) to recover any damages in excess of such liquidated damages.

Appears in 1 contract

Samples: Commercial Real Estate Purchase Agreement

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