Default After Closing. In the event of a default by either party arising after Closing, the non-defaulting party shall have all rights and remedies permitted by law, subject to the express limitations set forth in other provisions of this Agreement, including, without limitation, the Mandatory Alternative Dispute Resolution Procedures described in Section 14.f below. Claims or demands shall be made within a reasonable time after any dispute has arisen, and in no event shall be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations.
Default After Closing. Nothing herein contained shall limit the rights or obligations of the Parties with respect to a default under this Agreement occurring from and after the Closing Date, and in such case the Parties shall have all rights and remedies available at law, in equity or otherwise, including, without limitation, the right to specific performance except neither Party shall have the right to recover (and each Party waives the right to) any speculative, consequential, or punitive damages from such default.
Default After Closing. If neither Xxxxxxxx nor its Approved Mortgagee timely cures any Default by Xxxxxxxx under this Agreement that occurs after conveyance of the Property at Closing, Herndon shall have the following remedies, subject to the prior rights of the Approved Mortgagee and the terms of the Tri-Party Agreement:
Default After Closing. If Herndon fails to timely cure any Default by Herndon under this Agreement that occurs after conveyance of the Property at Closing, then Xxxxxxxx shall have the following remedies:
Default After Closing. If Purchaser or Sellers fail to perform any of the covenants of this Agreement to be performed after Closing, and such default is not cured within ten (10) days after written notice thereof, the other party will have all remedies at law or in equity, including recovery of all damages, subject to the limitations in SECTION 7.3 and this SECTION 11. Where the remedy requested is injunctive relief, it will not be necessary for the party requesting injunctive relief to show any actual damage or post an injunction bond.
Default After Closing. If Purchaser or Seller fails to perform any of the covenants of this Agreement to be performed after Closing, and such default is not cured within thirty (30) days after written notice, the other party will have all remedies at law or in equity, subject (except where the remedy requested is injunctive relief or specific performance) to the requirement that all disputes, controversies and causes of action of every kind and nature between the parties hereto arising out of or in connection with this Agreement will be subject to binding arbitration as provided in SECTION 11.20
Default After Closing. The provisions of this Section 11.4 shall apply solely to the extent Closing is consummated under this Agreement, as follows:
Default After Closing. The provisions of Sections 17(a) and (b) above shall not be applicable to any breach or default by a party occurring or first becoming actually known to the other party after Closing, and, as to any said breach or default, the non-defaulting party may exercise any and all remedies available at law or in equity, subject, however, to any applicable limitations on survival expressly provided for in this Agreement.
Default After Closing
