Common use of FWRLP's Default Clause in Contracts

FWRLP's Default. Except for any failure waived in writing by Contributor, if FWRLP fails to consummate the Contribution contemplated herein when required to do so pursuant to the provisions hereof, then the Title Company shall deliver the Deposit and all interest thereon to Contributor as full and complete liquidated damages, and as the exclusive and sole right and remedy of Contributor, at law or in equity, whereupon this Agreement shall terminate and neither party shall have any further obligations or liabilities to any other party, except for any indemnity obligations under Section 13(b).

Appears in 7 contracts

Samples: Contribution Agreement (First Washington Realty Trust Inc), Contribution Agreement (First Washington Realty Trust Inc), Contribution Agreement (First Washington Realty Trust Inc)

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FWRLP's Default. Except for any failure waived in writing by Contributor, if If FWRLP fails to consummate the Contribution contemplated herein when required to do so pursuant to the provisions hereof, then the Title Company shall deliver the Deposit and all interest thereon to Contributor as full and complete liquidated damages, and as the exclusive and sole right and remedy of Contributor, at law or in equity, whereupon this Agreement shall terminate and neither party shall have any further obligations or liabilities to any other party. In the event this Agreement is terminated, except for any indemnity obligations under the indemnities set forth in Section 13(b)13(a) and 15 shall nevertheless remain in full force and effect.

Appears in 1 contract

Samples: Contribution Agreement (First Washington Realty Trust Inc)

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