Buyer's Remedies in General. If Buyer shall discover prior to the Close of Escrow any default in any of Seller's obligations under this Agreement (a "Seller Default"), Buyer shall notify Seller thereof, and Seller shall have a reasonable period of time (not in excess of thirty (30) days) unless extended by Buyer in its sole discretion in which to cure such default, in which case the Scheduled Closing Date shall be extended during the continuation of such cure period. If there shall be any Seller Default discovered by Buyer prior to the Close of Escrow and not cured by the Scheduled Closing Date, then Buyer's sole right and remedy other than with respect to a breach of a representation and warranty which shall be subject to the provisions of SECTION 6.7, shall be to compel specific performance of this Agreement; provided, however, that Buyer shall only be entitled to compel specific performance of this Agreement if, as of the time of Seller's default, Buyer shall (a) not be in default hereunder, (b) shall be ready, willing and able to perform its obligations hereunder, and (c) shall have waived all contingencies to closing other than those relating to Seller's default.
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Samples: Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD), Purchase and Sale Agreement (Starwood Hotel & Resorts Worldwide Inc), Purchase and Sale Agreement (Starwood Hotel & Resorts Worldwide Inc)
Buyer's Remedies in General. If Buyer shall discover prior to the Close of Escrow any default in any of Seller's obligations under this Agreement (a "Seller Default"), Buyer shall notify Seller thereof, and Seller shall have a reasonable period of time (not in excess of thirty (30) days) unless extended by Buyer in its sole discretion in which to cure such default, in which case the Scheduled Closing Date shall be extended during the continuation of such cure period. If there shall be any Seller Default discovered by Buyer prior to the Close of Escrow and not cured by the Scheduled Closing Date, then Buyer's sole right and remedy other than with respect to a breach of a representation and warranty which shall be subject to the provisions of SECTION Section 6.7, shall be to compel specific performance of this Agreement; provided, however, that Buyer 41 49 shall only be entitled to compel specific performance of this Agreement if, as of the time of Seller's default, Buyer shall (a) not be in default hereunder, (b) shall be ready, willing and able to perform its obligations hereunder, and (c) shall have waived all contingencies to closing other than those relating to Seller's default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD)
Buyer's Remedies in General. If Buyer shall discover prior to the Close of Escrow any default in any of Seller's obligations under this Agreement (a "Seller Default"), Buyer shall notify Seller thereof, and Seller shall have a reasonable period of time (not in excess of thirty (30) days) unless extended by Buyer in its sole discretion in which to cure such default, in which case the Scheduled Closing Date shall be extended during the continuation of such cure period. If there shall be any Seller Default discovered by Buyer prior to the Close of Escrow and not cured by the Scheduled Closing Date, then Buyer's sole right and remedy other than with respect to a breach of a representation and warranty which shall be subject to the provisions of SECTION Section 6.7, shall be to compel specific performance of this Agreement; provided, however, that Buyer shall only be entitled to compel specific performance of this Agreement if, as of the time of Seller's default, Buyer shall (a) not be in default hereunder, (b) shall be ready, willing and able to perform its obligations hereunder, and (c) shall have waived all contingencies to closing other than those relating to Seller's default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Aspen Enterprises International Holdings LTD)