Buyer’s Remedies. Upon failure of Seller to fulfill or perform any undertaking, commitment, or obligation provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing Date, Buyer, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Allegheny Energy Inc), Purchase and Sale Agreement (Allegheny Energy Inc), Purchase and Sale Agreement (Allegheny Energy Supply Co LLC)
Buyer’s Remedies. Upon Except as set forth in Section 8.3(d) hereof, notwithstanding anything herein provided to the contrary, upon failure of Seller to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing Date, Buyer, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (Commonwealth Edison Co)
Buyer’s Remedies. Upon Notwithstanding anything herein provided to the contrary, upon failure of Seller to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing DateAugust 31, Buyer2001, Buyer at its sole option, option may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Black Hills Corp /Sd/), Purchase and Sale Agreement (Black Hills Power Inc)
Buyer’s Remedies. Upon Notwithstanding anything herein provided to the contrary, upon failure of Seller to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing Date, Buyer, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
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Buyer’s Remedies. Upon Notwithstanding anything herein to the contrary, upon the failure of the Seller or any of its Affiliates to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of the Seller or any of its Affiliates that is required to be fulfilled on or prior to fulfilled, the Closing Date, Buyer, at its their sole option, may (i) enforce bring an action seeking specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
Appears in 1 contract
Samples: Repurchase and Sale Agreement (Yinhang Internet Technologies Development, Inc.)
Buyer’s Remedies. Upon Except as set forth in Section 8.3(d), notwithstanding anything herein provided to the contrary, upon failure of Seller to fulfill any undertaking or perform any undertaking, commitment, or obligation commitment provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing Date, Buyer, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.
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