Default; Liquidated Damages Sample Clauses

Default; Liquidated Damages. In the event of any default hereunder by Seller, Buyer shall have the right to either cancel this Agreement or to enforce this Agreement by an action for damages or specific performance, or both, or to such other appropriate remedy as may be available. In the event of cancellation by Buyer due to Seller’s breach, the ▇▇▇▇▇▇▇ money deposit and all other sums deposited by Buyer with Escrow Holder shall be returned to Buyer within five (5) days without further instruction from Seller, without liability to Escrow Holder, and Buyer shall have no further obligations under this Agreement. IN THE EVENT OF ANY MATERIAL DEFAULT HEREUNDER BY THE BUYER, SELLER MAY, AS ITS SOLE REMEDY AT LAW OR IN EQUITY, CANCEL THIS AGREEMENT BY NOTICE TO BUYER AND THE ESCROW HOLDER, AND THE ▇▇▇▇▇▇▇ MONEY DEPOSIT PAID BY THE BUYER SHALL BE PAID TO SELLER AS LIQUIDATED DAMAGES. SELLER’S REMEDY HEREUNDER SHALL BE LIMITED TO SUCH CANCELLATION AND PAYMENT, IT BEING EXPRESSLY AGREED THAT SELLER SHALL HAVE NO RIGHT TO ANY OTHER LEGAL OR EQUITABLE RELIEF FROM BUYER. BUYER AND SELLER AGREE THAT THE AMOUNT OF LIQUIDATED DAMAGES ESTABLISHED HEREIN IS A REASONABLE, PRESENT ESTIMATE OF WHAT SELLER’S DAMAGES WOULD BE IN THE EVENT OF A DEFAULT BY BUYER. VG Initialed by Seller RB Initialed by Buyer

Default; Liquidated Damages. Purchaser and Seller acknowledge that it would be extremely impractical and difficult to ascertain the actual damages that would be suffered by Seller if Purchaser fails to consummate the purchase and sale contemplated herein (for any reason other than Seller’s covenants and agreements hereunder or the failure of any other of the conditions to Purchaser’s obligation to close hereunder). Purchaser and Seller have considered carefully the loss to Seller as a consequence of the negotiation and execution of this Agreement, and the other damages, general and special that Purchaser and Seller realize and recognize Seller would Sustain, but that Seller cannot calculate with absolute certainty. Based on all those considerations, Purchaser and Seller have agreed that the damage to Seller would reasonably be expected to be equal to the ▇▇▇▇▇▇▇ Money. Accordingly, if all conditions precedent to Purchaser’s obligation to consummate the transactions herein contemplated have been waived or satisfied and if Seller has performed its covenants and agreements hereunder, but Purchaser has breached its covenants and agreements herein by the date of Closing, then the Escrow Agent shall pay the ▇▇▇▇▇▇▇ Money to Seller as full and complete liquidated damages and as Seller’s sole and exclusive remedy for such default by Purchaser. Upon proper payment of the ▇▇▇▇▇▇▇ Money to Seller, no party to this Agreement shall have any liability to any other party to this Agreement; and this Agreement shall, in its entirety, be deemed null, void and of no further force and effect. If Seller has breached its covenants and agreements under this Agreement and has failed, refused or is unable for any reason to consummate the purchase and sale contemplated herein by the date of Closing, then Purchaser, by written notice to the Escrow Agent, shall be entitled to a return of the ▇▇▇▇▇▇▇ Money, and Purchaser may bring suit for specific performance and/or damages against Seller. If the contingencies in this Agreement (and specifically as provided in Paragraph 3.2(c)) fail to occur within the periods provided therein, this Contract shall be null and void and ▇▇▇▇▇▇▇ Money shall be refunded to Purchaser.

Default; Liquidated Damages. Subject to the provisions of the Condition headed “Force Majeure”, and, if the Supplier does not deliver, install, or complete (as the case may be) any Services by the due date subject to any Variation and terms of any Work Package and/or Purchase Order, the Supplier shall be in breach of the Contract (but not necessarily material breach), and, where the relevant Work Package or this Contract provides for the payment of liquidated damages, shall pay to BT on request such an amount of liquidated damages as described in the relevant Work Package.

Default; Liquidated Damages. If the basic rent or any portion thereof due under the terms of this lease is not paid when due and shall remain unpaid for a period of fifteen (15) days after notice thereof in writing, or if Lessee shall fail to perform promptly any other covenant, term, or condition required by this lease to be performed by Lessee, and such failure shall continue for a period of fifteen (15) days after notice thereof in writing specifying the nature of such failure, Lessee shall be in default. Because of the nature of the property leased hereunder, the involvement of common carriers, and the public purpose to be served by this lease, the parties hereby agree that this lease and each of the terms thereof shall be specifically enforceable. Additionally, however, the parties agree that if specific enforcement of this lease cannot be invoked to provide an adequate remedy, then and in that event only, the following liquidated damages provisions shall apply: The amount of money damages sufficient to remedy a breach of this lease being difficult or impossible to determine, the parties hereby agree that said damages shall be liquidated in an amount equal to the amount of basic rent which would otherwise become due and payable under the unexpired term of this lease plus an amount equal to the reasonable costs incurred in enforcing this lease. No waiver of any breach or breaches of any provision of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision or any other provision hereof.

Default; Liquidated Damages. Recipient hereby acknowledges and agrees, that in the event of a breach by Broker of any of its obligations or agreements hereunder, (“Recipient Default”), Marcus will suffer damages in an amount which will, due to the confidential nature of the transaction contemplated herein, be impractical or extremely difficult to ascertain. In addition, Recipient wishes to have a limitation placed upon the liability of Recipient in the event of a Recipient Default. After due negotiation, Marcus and Recipient agree that upon the occurrence of a Recipient Default and provided further that: (a) the Recipient Default results in the sale of the Property; and (b) Marcus is not a party to the sale of the Property; then, Marcus shall be entitled to receive, as liquidated damages from the Recipient, an amount equal to 2.5% of the sales price of the Property. Such sum represents a reasonable estimate of the damages Marcus will sustain in the event of a Recipient Default that results in the sale of the Property.

Default; Liquidated Damages. If BUYER defaults pursuant to the terms of this Agreement, SELLER may retain the amount of the deposit as stipulated, fair liquidated damages. If the Town of Campton exercises its reserved right to unilaterally terminate this sale for any reason, all deposits shall be returned and this contract hereby shall thereupon without further action cease and terminate without any recourse to either of the parties hereto. . Initials

Default; Liquidated Damages. If the Buyer(s) shall default in its obligations hereunder, the parties agree that the damages to Seller may be difficult or impossible to determine, and the parties agree that Seller may choose, in Seller’s complete discretion, that either (a) all deposits held in escrow shall become the property of the Seller as liquidated damages, or (b) Seller may bring an action against Buyer for actual damages.

Default; Liquidated Damages. If the BUYER defaults pursuant to the terms of this Agreement, the SELLER may retain the amount of the deposit as liqui- dated damages.

Default; Liquidated Damages. A. If the escrow does not close on or before the date set forth in Item 10, or a later closing date mutually agreed to by Seller and Buyer, within 15 days after closing date set forth in Item 10, or the extended clos- ing date mutually agreed to by Seller and Buyer, Seller will, except as provided in (B) below, order all of the moneys remitted by Buyer under the terms of this contract to be refunded to Buyer. B. If Buyer fails to complete the purchase of the property because of a default by Buyer, Seller may pursue any remedy in law or equity that it may have against Buyer on account of the default; provided, however, that by placing their initials here, Buyer [ ] [ ] and Seller [ ] agree that: 1. $ , an amount not to exceed the money deposited by Buyer under this contract will constitute liquidated damages payable to Seller if Buyer fails to complete the purchase of the property because of a default by Buyer. 2. The payment of such liquidated damages to Seller will constitute the exclusive remedy of Seller on account of any default by Buyer. 3. Liquidated damages will be payable to Seller out of Buyer's deposits toward purchase of the property according to the following procedures: a. The Seller will give written notice ("Seller's notice and demand"), in the manner prescribed by § 116.340 of the Code of Civil Procedure for service in a small claims action, to escrow holder and to Buyer that Buyer is in default under this Agreement and that Seller is demanding that the escrow holder remit the aforesaid amount from the deposits to Seller as liquidated damages unless, within twenty (20) days, Buyer gives the escrow holder Buyer's written objection to disbursement of said deposits as liquidated damages ("Buyer's objection"). b. Buyer will have a period of 20 days from the date of receipt of Seller's notice and demand in which to give the escrow holder Buyer's objection. c. If Buyer fails to give the escrow holder Buyer's objection within 20 days from the date of receipt of Seller's notice and demand: (a) escrow holder will promptly remit the amount demanded to Seller; and (b) Seller is released from any obligation to sell the property to Buyer. d. If Buyer gives escrow holder Buyer's objection within 20 days from the date of receipt of Seller's notice and demand, then the determination as to whether Seller is entitled to the disbursement of the deposits as liquidated damages, and every other cause of action that has arisen between Buyer and Seller under this ...