Common use of Default Not Cured Clause in Contracts

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Deposit shall be paid to Seller as Seller’s sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or remedies at law or in equity, other than its right to receive the Deposit pursuant hereto, and Seller hereby expressly and irrevocably waives all such other rights, powers and remedies and hereby covenants not to sxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Deposit shall be paid to Seller as Seller’s sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or remedies at law or in equity, other than its right to receive the Deposit pursuant hereto, and Seller hereby expressly and irrevocably waives all such other rights, powers and remedies and hereby covenants not to sxxxxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser Seller does not cure its default within the PurchaserSeller’s Cure Period, then, provided no default by Seller then exists and provided that Seller Purchaser has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Deposit and the Exxxxxx Money shall be paid to Purchaser by the Title Company and an amount equal to the Exxxxxx Money shall be paid to Purchaser by Seller as SellerPurchaser’s sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by SellerPurchaser, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller Purchaser as a result of PurchaserSeller’s default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ best estimate of the damages Seller Purchaser will incur as a result of such default. Seller Purchaser shall not be entitled to exercise any other rights, powers or remedies at law or in equity, other than its right to receive the Deposit and an amount equal to the Exxxxxx Money pursuant hereto, and Seller Purchaser hereby expressly and irrevocably waives all such other rights, powers and remedies and hereby covenants not to sxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Deposit Balance shall be paid to Seller as Seller’s sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or remedies at law or in equity, other than its right to receive the Deposit Balance pursuant hereto, and Seller hereby expressly and irrevocably waives all such other rights, powers and remedies and hereby covenants not to sxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s 's Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Title Company shall deliver the Deposit shall be paid to Seller as Seller’s 's sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s 's default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ ' best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or and remedies at law or in equity, other than its right to receive the Deposit Deposits pursuant hereto, and Seller hereby expressly and irrevocably waives all such other rights, powers and or remedies and hereby covenants not to sxxxxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and an amount equal to the Deposit and the Exxxxxx Money shall be paid to Seller by Purchaser (or the Title Company, as applicable) as Seller’s sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or remedies at law or in equity, other than its right to receive an amount equal to the Deposit and the Exxxxxx Money pursuant hereto, and Seller hereby expressly and irrevocably waives all such other rights, powers and remedies and hereby covenants not to sxx.

Default Not Cured. If Purchaser does not elect to terminate during the Due Diligence Period, and Purchaser does not cure its default within the Purchaser’s 's Cure Period, then, provided no default by Seller then exists and provided that Seller has not elected to waive such default, this Agreement shall terminate and the parties shall be released and discharged of and from all further obligations and liabilities under this Agreement, and the Title Company shall deliver the Deposit shall be paid to Seller as Seller’s 's sole and exclusive liquidated damages and in full and complete settlement and liquidation of all damages sustained by Seller, it being acknowledged by Seller and Purchaser that the amount of damages incurred by Seller as a result of Purchaser’s 's default would be substantial but difficult, if not impossible, to ascertain and that such liquidated damages represent the parties’ ' best estimate of the damages Seller will incur as a result of such default. Seller shall not be entitled to exercise any other rights, powers or and remedies at law or in equity, other than its right to receive the Deposit Deposits pursuant hereto, and 48 <PAGE> Seller hereby expressly and irrevocably waives all such other rights, powers and or remedies and hereby covenants not to sxx.xxx. 11.2