BUYER’S FAILURE TO PERFORM Sample Clauses

BUYER’S FAILURE TO PERFORM. If Buyer fails to close on the Property when obligated to do so, and provided such failure is not caused by the default of Seller hereunder, the Xxxxxxx Money shall be paid to and retained by Seller as fixed, agreed and liquidated damages, and as Seller’s exclusive remedy for such failure to perform, and Seller and Buyer shall be relieved from all liabilities and obligations under this Contract (except as otherwise provided in this Contract).
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BUYER’S FAILURE TO PERFORM. If the Buyer fails to perform as required under §8.5(c) above, then the Seller shall have the option, exercisable within sixty (60) days after the original Closing Date, to (A) pursue the Buyer for specific performance of its obligations as Buyer; (B) continue the Company as if no put-call procedure had been implemented except that the Buyer shall be deemed to have consented to the unagreed action that precipitated the Impasse; or (C) become the Buyer under the defaulted Offer, subject to the same terms and conditions set forth in the Offer with the exceptions that (i) the Price shall be eighty percent (80%) of the amount the defaulting party would receive if all the Company property were sold for the Aggregate Asset Price and the proceeds were applied in accordance with §9.2 below and (ii) the nondefaulting party shall be entitled to select a new Closing Date up to one hundred eighty (180) days after the original Closing Date.
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BUYER’S FAILURE TO PERFORM. In the event of Xxxxx’s failure to perform any of Buyer’s obligations under this Agreement, Seller shall have the right to terminate this Agreement upon written notice to Buyer in which case the parties shall have no further obligations under this Agreement except for those obligations which expressly survive the termination of the Agreement.
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BUYER’S FAILURE TO PERFORM. If Purchaser fails to perform under this Agreement when obligated to do so, the Xxxxxxx Money shall be paid to and retained by Seller as fixed, agreed and liquidated damages, and as Seller’s exclusive remedy for such failure to perform, and Seller and Purchaser shall be relieved from all liabilities and obligations under this Agreement (except as otherwise provided in this Agreement).
Sample 1
BUYER’S FAILURE TO PERFORM. If Buyer fails to perform this Contract when obligated to do so, the Xxxxxxx Money shall be paid to and retained by Seller as fixed, agreed and liquidated damages and as Seller's exclusive remedy for such failure to perform (it being agreed that the damages by reason of Buyer's default are difficult, if not impossible, to ascertain), and thereafter, Seller and Buyer shall be relieved from all liabilities and obligations under this Contract (except those which expressly survive termination of this Contract, or as otherwise provided in this Contract) at law and in equity. Other than the failure to tender settlement on the Closing Date, which shall not require notice and an opportunity to cure, Buyer shall be in default of this Contract only if Seller has provided Buyer with a written notice of the breach or failure which Seller asserts constitutes a default of this Contract, describing same with reasonable specificity, and Buyer fails to cure such default within ten (10) days after receipt of such notice from Seller. The foregoing provision limiting Seller's remedy to the stated amount of liquidated damages shall not be construed to limit Seller's right to recover its reasonable attorneys' fees pursuant to Section 16, below, in the event it prevails in any legal action under this Contract, including a legal action to enforce the terms of this Section 14.
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BUYER’S FAILURE TO PERFORM. If Buyer shall fail or refuse to perform any obligations hereunder, Seller shall retain the Deposit, along with any interest which may have accrued under the escrow account, as liquidated damages as its sole and exclusive remedy at law or in equity, it being agreed that Seller's damages are impossible to ascertain. Buyer and Seller shall thereafter be released from further liability hereunder, except for those obligations, if any, which expressly survive the Closing or earlier termination of this Agreement including, without limitation, the obligations of Buyer described in Section 6 hereof.
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Related to BUYER’S FAILURE TO PERFORM

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Termination for Failure to Close This Agreement shall automatically be terminated if the Closing Date shall not have occurred by July 7, 2016; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction.

  • Nonperformance As used in this Contract, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this Contract. If Contractor fails to perform under this Contract, then District, after giving seven days’ written notice and opportunity to cure to Contractor, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both parties agree that Contractor shall bear any reasonable cost difference, as measured against any unpaid balance due Contractor, for these substitute goods or services.

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

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