Common use of Effect of Termination or Default; Remedies Clause in Contracts

Effect of Termination or Default; Remedies. In the event of termination of this Agreement as set forth above, this Agreement shall forthwith become void and there shall be no liability on the part of any party hereto, provided that such party is a Non Defaulting Party (as defined below). The foregoing shall not relieve any party from liability for damages actually incurred as a result of such party's breach of any term or provision of this Agreement. In the event that any party shall fail or refuse to consummate the transactions contemplated herein or if any default under or beach of any representation, warranty, covenant or condition of this Agreement on the part of any party (the "Defaulting Party") shall have occurred that results in the failure to consummate the transactions contemplated herein, then in addition to the other remedies provided herein and by law, the non defaulting party (the "Non Defaulting Party") shall be entitled to seek and obtain money damages from the Defaulting Party. The Non Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder. In the event this Agreement is terminated pursuant to this Section 10, the Escrow Agent shall deliver any and all items then held in escrow back to the respective depositing party.

Effect of Termination or Default; Remedies. In the event of termination of this Agreement as set forth above, this Agreement shall forthwith become void and there shall be no liability on the part of any party hereto, provided that such party is a Non Defaulting Party (as defined below). The foregoing shall not relieve any party from liability for damages actually incurred as a result of such party's breach of any term or provision of this Agreement. In the event that any party shall fail or refuse to consummate the transactions contemplated herein or if any default under or beach of any representation, warranty, covenant or condition of this Agreement on the part of any party (the "Defaulting Party") shall have occurred that results in the failure to consummate the transactions contemplated herein, then in addition to the other remedies provided herein and by law, the non defaulting party (the "Non Defaulting Party") shall be entitled to seek and obtain money damages from the Defaulting Party. The Non Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder. In the event this Agreement is terminated pursuant to this Section 10, the Escrow Agent shall deliver any and all items then held in escrow back to the respective depositing party.

Effect of Termination or Default; Remedies. In the event of termination of this Agreement as set forth aboveabove in 10(a), (b), (c) and (d)(i), this Agreement shall forthwith become void and there shall be no liability on the part of any party hereto. In such event the Purchase Price shall be returned to Buyer, provided that such the certificates representing the Seller’s Common Stock shall be returned to Seller and the other materials and instruments deposited with the Escrow Agent shall be returned to the party is a Non Defaulting Party making deposit thereof. A termination of this Agreement under Section 10(d)(ii) or (as defined below). The foregoing iii) shall not relieve any party from liability for damages actually incurred as a result of such party's ’s breach of any term or provision of this Agreement. In the event that any party shall fail or refuse to consummate the transactions contemplated herein or if any default under under, or beach of any representation, warranty, covenant or condition condition, of this Agreement on the part of any party (the "“Defaulting Party"”) shall have occurred that occurred, and thereby results in the a failure to consummate the transactions contemplated herein, then in addition to the other remedies provided herein and by law, the non non-defaulting party (the "Non “Non-Defaulting Party"”) shall be entitled to seek and obtain money damages from the Defaulting Party. The Non Non-Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys' ’ fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder. In If the event this Agreement is terminated pursuant to this Section 10Defaulting Party shall be the Seller, the Escrow Agent Buyer shall deliver any and all items then held in escrow back also be entitled to the respective depositing partyremedy of specific performance or such other remedies as may be available in equity.

Effect of Termination or Default; Remedies. In the event of termination of this Agreement as set forth above, this Agreement shall forthwith become void and there shall be no liability on the part of any party heretoParty, provided that such party Party is a Non Non-Defaulting Party (as defined below). The foregoing shall not relieve any party Party from liability for damages actually incurred as a result of such partyParty's breach of any term or provision of this Agreement. In the event that any party Party shall fail or refuse to consummate the transactions contemplated herein or if any default under or beach of any representation, warranty, covenant or condition of this Agreement on the part of any party (the "Defaulting Party") shall have occurred that results in the failure to consummate the transactions contemplated herein, then in addition to the other remedies provided herein and by law, the non defaulting party (the "Non Non-Defaulting Party") shall be entitled to seek and obtain money damages from the Defaulting Party. The Non Non- Defaulting Party shall be entitled to obtain from the Defaulting Party court costs and reasonable attorneys' fees incurred in connection with or in pursuit of enforcing the rights and remedies provided hereunder. In the event this Agreement is terminated pursuant to this Section 1011, the Escrow Agent shall deliver any and all items then held in escrow back to the respective depositing partyParty(ies).