Buyer’s Remedies. If the Closing fails to occur by reason of a breach or default of this Agreement by Seller, then Buyer may either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided therein, and Seller shall be liable for the cancellation and other charges and expenses provided for in Section 6.6.5, or (b) enforce specific performance of the obligations of Seller hereunder; provided, however, that any action by Buyer to seek such specific performance must be commenced within thirty (30) calendar days of the occurrence of the alleged default by Seller; provided further, however, that, except as provided in Section 6.6.5, in no event whatsoever shall Seller ever have any Liability (whether in law or equity) for damages as a result of a default by Seller under this Agreement.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Emeritus Corp\wa\), Purchase and Sale Agreement (Emeritus Corp\wa\), Purchase and Sale Agreement (Emeritus Corp\wa\)
Buyer’s Remedies. If the Closing fails to occur by reason of a breach or default of this Agreement by SellerSellers, then Buyer may either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided thereinDeposit, plus all accrued interest and any other amounts earned thereon, shall be promptly delivered to Buyer, and Seller Sellers shall be liable for the cancellation and other charges and expenses provided for in Section 6.6.5, or (b) enforce specific performance of the obligations of Seller hereunder; provided, however, that any action by Buyer to seek such specific performance must be commenced within thirty (30) calendar days of the occurrence of the alleged default by SellerSellers; provided further, however, that, except as provided in Section 6.6.5, in no event whatsoever shall Seller Sellers ever have any Liability (whether in law or equity) for damages as a result of a default by Seller Sellers under this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Emeritus Corp\wa\), Purchase and Sale Agreement (Emeritus Corp\wa\)
Buyer’s Remedies. If the Closing fails to occur by reason of a breach or default of this Agreement by Seller, then Buyer may either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided therein, and Seller shall be liable for the cancellation and other charges and expenses provided for in Section 6.6.56.6.2, or (b) enforce specific performance of the obligations of Seller hereunderhere-under; provided, however, that any action by Buyer to seek such specific performance must be commenced within thirty (30) calendar days of the occurrence of the alleged default by Seller; provided further, however, that, except as provided in Section 6.6.56.2.2, in no event whatsoever shall Seller ever have any Liability (whether in law or equity) for damages as a result of a default by Seller under this Agreement.
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Buyer’s Remedies. If the Closing fails to occur by reason of a breach or default of this Agreement by SellerSellers, then Buyer may either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided therein, and Seller Sellers shall be liable for the cancellation and other charges and expenses provided for in Section 6.6.5, or (b) enforce specific performance of the obligations of Seller hereunder; provided, however, that any action by Buyer to seek such specific performance must be commenced within thirty (30) calendar days of the occurrence of the alleged default by SellerSellers; provided further, however, that, except as provided in Section 6.6.5, in no event whatsoever shall Seller Sellers ever have any Liability (whether in law or equity) for damages as a result of a default by Seller Sellers under this Agreement.
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Buyer’s Remedies. If the Closing fails to occur by reason of a breach or default of this Agreement by SellerSellers, then Buyer may Buyers shall as their sole and exclusive remedy either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided therein, and Seller Sellers shall be liable for the cancellation and other charges and expenses provided for in Section 6.6.56.6.5 and Escrow Holder shall return the Xxxxxxx Money Deposit to Buyers, or (b) enforce specific performance of the obligations of Seller hereunderSellers hereunder; provided, however, that any action by Buyer Buyers to seek such specific performance must be commenced within thirty ninety (3090) calendar days of the occurrence of the alleged default by SellerSellers; provided further, however, that, except as provided in Section 6.6.5, in no event whatsoever shall either Seller ever have any Liability (whether in law or equity) for damages as a result of a default by Seller Sellers, or either of them, under this Agreement.
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Samples: Purchase and Sale Agreement (Assisted Living Concepts Inc)