Common use of Default by Buyer Clause in Contracts

Default by Buyer. If the sale of the Property as contemplated hereunder is not consummated due to Buyer's material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain the Deposit as liquidated damages as more particularly set forth in Section 1.6 above.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Income Growth Partners LTD X), Purchase and Sale Agreement (Income Growth Partners LTD X)

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Default by Buyer. If the sale of the Property as contemplated hereunder is not consummated due to Buyer's material ’s default hereunder, then Seller shall be entitled, as its sole and exclusive remedyremedy for Buyer’s failure to close Escrow (but not with respect to other defaults by Buyer under this Agreement), to terminate this Agreement and retain the Deposit as receive liquidated damages as more particularly set forth in pursuant to Section 1.6 abovehereof.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Shopoff Properties Trust, Inc.), Purchase and Sale Agreement (Shopoff Properties Trust, Inc.)

Default by Buyer. If the sale of the Property Properties as ---------------- contemplated hereunder is not consummated due to Buyer's material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain receive the Deposit as liquidated damages as more particularly set forth for the breach of this Agreement, it being agreed between the parties hereto that the actual damages to Seller in Section 1.6 abovethe event of such breach are impractical to ascertain and the amount of the Deposit is a reasonable estimate thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Kilroy Realty Corp)

Default by Buyer. If In the event the sale of the Property as contemplated hereunder is not consummated due to Buyer's material ’s default hereunder, then Seller shall be entitledentitled to elect, as its sole and exclusive remedy, to terminate this Agreement and retain the Deposit as liquidated damages as more particularly set forth in Section 1.6 aboveAgreement.

Appears in 1 contract

Samples: Purchase Agreement

Default by Buyer. If the sale of the Property as ---------------- contemplated hereunder is not consummated due to Buyer's material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain receive the Deposit as liquidated damages as more particularly set forth for the breach of this Agreement, it being agreed between the parties hereto that the actual damages to Seller in Section 1.6 abovethe event of such breach are impractical to ascertain and the amount of the Deposit is a reasonable estimate thereof.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Kilroy Realty Corp)

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Default by Buyer. If the sale of the Property Properties as contemplated hereunder is not consummated due to Buyer's ’s material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain the Deposit as liquidated damages as more particularly set forth in Section 1.6 above.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Medical Properties Trust Inc)

Default by Buyer. If the sale of the Property Properties as contemplated hereunder is not consummated due to Buyer's material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain the Deposit as liquidated damages as more particularly set forth in Section 1.6 above.

Appears in 1 contract

Samples: Purchase and Sale Agreement (T Reit Inc)

Default by Buyer. If the sale of the Property Properties as ---------------- contemplated hereunder is not consummated due to Buyer's material default hereunder, then Seller shall be entitled, as its sole and exclusive remedy, to terminate this Agreement and retain the Deposit as liquidated damages as more particularly set forth in Section 1.6 above.

Appears in 1 contract

Samples: Purchase and Sale Agreement (T Reit Inc)

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