Buyer's Remedy. Buyer acknowledges that Seller has made no representations or warranties whatsoever regarding the accuracy or completeness of the reports referenced in this Section 2. Buyer agrees that Buyer has no legal or equitable remedy or recourse against Seller and the Protected Group, with respect to any inaccuracies or errors contained in any such report or arising out of any Property defect, or other adverse condition of the Property, whether known or unknown to or concealed or unconcealed by them or any of them.
Buyer's Remedy. Except as may be otherwise expressly provided in this Agreement or in the Closing Documents, Buyer acknowledges that Seller has made no representations or warranties whatsoever regarding the accuracy or completeness of the reports referenced in this Section 2. Except as may be otherwise expressly provided in this Agreement or in the Closing Documents, Buyer agrees that Buyer has no legal or equitable remedy or recourse against Seller and the Protected Group, with respect to any inaccuracies or errors contained in any such report or arising out of any Property defect, or other adverse condition of the Property, whether known or unknown to or concealed or unconcealed by them or any of them.
Buyer's Remedy. 1. If the Buyer has fulfilled all of its obligations under this Agreement and the Seller materially breaches any of its obligations hereunder, then Buyer shall, as its sole remedy therefore, be entitled to receive the unpaid Purchase Price as liquidated damages in lieu of, and as full compensation for, all other rights or claims of the Buyer against the Seller by reason of such default.
Buyer's Remedy. If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify ATA Group Inc. in writing at 0000 X Xxxxxx Xxxxxxx, Xxxxxx Xxxx, Xxxx, Xxxxxxxx 00000. ATA Group Inc. may elect to inspect the alleged defect at Buyer’s site or at ATA Group Inc.’s facility. Buyer shall not return products to ATA Group Inc. unless authorized by ATA Group Inc. to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Xxxxx’s expense. Upon verification of warranty coverage, ATA Group Inc. may elect, in its sole discretion, to repair defective or non- conforming products, or replace them by delivering products or parts free of charge to the site. ATA Group Inc.’s limited warranties do not cover the cost of labor to remove defective or nonconforming parts or to install repaired or replacement parts. By use of these limited warranties, Xxxxx accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Xxxxx agrees that venue for any court action to enforce these limited warranties shall be in the State of Delaware.
Buyer's Remedy. If, at the Closing, any condition to the obligation of Buyer to close hereunder set forth in Section 7.2 has not been substantially satisfied, Buyer shall have the right to (i) terminate this Agreement by written notice to Seller, promptly after which Seller shall return the Deposit to Buyer, or (ii) Buyer may waive the condition and proceed to close the transaction.
Buyer's Remedy. If Seller shall fail to remove the remaining Retained Property on or before the Retained Property Removal Date, Buyer may give Seller notice thereof within ten days after the Retained Property Removal Date, and Buyer shall be entitled, but shall not be obligated, to remove and dispose of such Retained Property, at the sole cost and expense of Seller and Seller shall reimburse Buyer, promptly upon demand, for all costs reasonably incurred by Buyer in connection with the removal and disposal of the Retained Property. Seller shall not have any obligation with respect to any Retained Property not removed by the Retained Property Removal Date and not identified in a notice given by Buyer to Seller within ten days after the Retained Property Removal Date.
Buyer's Remedy. If title to the Premises is not, at settlement, insurable as set forth in subparagraph (a) of this Paragraph 4, Buyer may elect, as its sole right and remedy, either (I) to take such title to the Premises as Seller can convey, with abatement of the Purchase Price only to the extent of monetary liens of a definite, fixed and ascertainable amount not in excess of the Purchase Price, or (ii) to receive on written demand the return of the Deposit, and all interest accrued thereon, and the ordinary costs of obtaining a title report from the title Insurance Company; and upon such payments, this Agreement shall be and become null and void, neither party shall have any further rights or obligations hereunder, and all executed counterparts of this Agreement shall be returned to Seller for cancellation.
Buyer's Remedy. In the event the Sellers are in default of any of the provisions of this Agreement as of the Closing Date or thereafter, the Buyer, shall be entitled to offset any damages caused thereby first against the amount of the payment of the First Goodwill Payments, and then if such amount is in excess of the amount of such First Goodwill Payment, then against the amount of the Second Goodwill Payment, and then if such amount is in excess of the amount of the First and Second Goodwill, then against the amount of the Purchase Price, and if such amount is in excess of the Purchase Price, then Buyer shall have a claim against the Sellers.
Buyer's Remedy. Sellers’ liability relating to the Transaction shall be exclusively governed by this Agreement. Buyer’s sole and exclusive remedy for a breach of this Agreement by a Seller is to claim compensation in accordance with Section 10. This remedy shall be exclusive and it is specifically agreed that no other remedy under the Finnish Sale of Goods Act (Fi. Kauppalaki 355/1987)), pursuant to legal principles or theory or on any other grounds, including (but not limited to) the right to claim damages, withhold payments, to terminate or rescind this Agreement, shall be available to Buyer, provided, however, that the right to seek specific performance and injunction shall not be excluded in the event of a breach by a Seller.
Buyer's Remedy. If this Agreement is terminated by Buyer pursuant to Section 7.1(c), Buyer shall be entitled to have the Xxxxxxx Money Deposit returned to it within five business Days after such termination, together with an additional $50,000 in cash paid by Shareholder, as and for liquidated damages. Upon the payment of these amounts, Shareholder and Buyer shall have no further obligation or liability under this Agreement to one another.
