Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
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Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (NNN Healthcare/Office REIT, Inc.), Agreement for Purchase and Sale of Real Property and Escrow Instructions (NNN Healthcare/Office REIT, Inc.), Agreement for Purchase and Sale (G Reit Inc)
Defaults by Seller. If there is any default by Seller under this Agreement, which continues following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, plus reimbursement of Buyer’s out of pocket expenses not to exceed $100,000, as its sole and bring an action for any damages incurred by Buyer exclusive remedy, or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance, as its sole and exclusive remedy. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (NNN Healthcare/Office REIT, Inc.), Agreement for Purchase and Sale (NNN Healthcare/Office REIT, Inc.)
Defaults by Seller. If there is any default by Seller under ------------------ this Agreement, following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
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Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, and as its sole and exclusive remedy, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer party or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
Appears in 1 contract
Defaults by Seller. If there is any default by Seller under this Agreement, following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer ; or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
Appears in 1 contract
Samples: Agreement for Purchase and Sale (NNN Healthcare/Office REIT, Inc.)
Defaults by Seller. If there is any default by Seller under this ------------------ Agreement, following notice to Seller and seven (7) days thereafter during which period Seller may cure the default, Buyer may at its option, either (a) declare this Agreement terminated in which case the Deposit shall be returned to Buyer without any further action required from either party, and bring an action for any damages incurred by Buyer party or (b) treat the Agreement as being in full force and effect and bring an action against Seller for specific performance. The foregoing notwithstanding, no right to cure shall extend the Close of Escrow.
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