Entitlement to Xxxxxxx Money. Subject to the paragraph below, Buyer shall be entitled to the xxxxxxx money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any unexpired contingency or condition to which this Agreement is subject;
Entitlement to Xxxxxxx Money. Subject to the paragraphs below, Purchaser shall only be entitled to a return of the xxxxxxx money if one of the following should occur: a) the Seller terminates the agreement without justification as provided for herein, b) the Purchaser elects to rescind the agreement due to the Property being “destroyed or substantially damaged” as provided herein below. Or c) the Seller is unable to deliver good and marketable title as outlined herein below by the time of the scheduled closing. Otherwise, the xxxxxxx money shall be applied toward the purchase price of the Property at closing, or paid to Seller as liquidated damages should Purchaser fail to close.
Entitlement to Xxxxxxx Money. Seller shall be entitled to the xxxxxxx money if this Agreement is terminated due to the default of Buyer and shall constitute liquidated damages in full settlement of all claims of Seller. It is agreed to by the parties that such liquidated damages are not a penalty and are a good faith estimate of Seller’s actual damages, which damages are difficult to ascertain.
Entitlement to Xxxxxxx Money. Subject to the par graph below, Buyer shall be entitled to the xxxxxxx money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any unexpired contingency or condition to which this Agreement is subject;
Entitlement to Xxxxxxx Money. Subject to the paragraph below, Buyer shall be entitled to the xxxxxxx money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any contingency or condition to which this Agreement is subject; (3) termination of this Agreement due to the default of Seller; or (4) termination of this Agreement in accordance with a specific right to terminate set forth in the Agreement. Otherwise, the xxxxxxx money shall be applied towards the purchase price of the Property at closing or if other funds are used to pay the purchase price then the xxxxxxx money shall be returned to Buyer. PURCHASE AND SALE AGREEMENT 10. Return and Disbursement of Xxxxxxx Money – continued
Entitlement to Xxxxxxx Money. Subject to the paragraph below, Buyer shall be entitled to the xxxxxxx money upon the: (1) failure of the parties to enter into a binding agreement; (2) failure of any unexpired contingency or condition to which this Agreement is subject; (3) ermination of this Agreement due to the default of Seller; or (4) termination of this Agreement in accordance with a specific right to terminate set forth in the Agreement. Otherwise, the xxxxxxx money shall be applied towards the purchase price of the Property at closing or if other funds are used to pay the purchase price then the xxxxxxx money shall be returned to Buyer.
