If Seller is in Default. Buyer may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.
If Seller is in Default. In the event Seller defaults in the performance of its obligations hereunder, Buyer shall have the right to (i) terminate this Contract by written notice to Seller or (ii) treat this Contract as being in full force and effect and to obtain specific performance, but not any damages.
If Seller is in Default. If Seller is in default, Buyer may elect to treat this Contract as cancelled, in which case all payments and things of value received hereunder shall be returned. The Buyer shall not have the right to specific performance of the Contract.
If Seller is in Default. Buyer may elect to treat this Agreement as terminated, in which case all payments and things of value received hereunder shall be returned to Buyer.
If Seller is in Default. In the event Seller defaults in the performance of its obligations hereunder, Xxxxx shall have the right to (i) terminate this Contract by written notice to Seller or (ii) treat this Contract as being in full force and effect and to obtain specific performance, but not any damages.
If Seller is in Default. In the event the Seller fails to substantially perform under this Seller Listing Contract to include 393 Seller’s or occupant’s failure to reasonably cooperate with Broker, Brokerage Firm may cancel this Seller Listing Contract upon 394 written notice to Seller. Any rights of Brokerage Firm that accrued prior to cancellation will survive such cancellation, to include 395 Brokerage Firm’s damages.
If Seller is in Default. (1) Buyer may elect to treat this Agreement as terminated, in which case all payments and things of value received hereunder shall be returned to Buyer, or (2) Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to an action for specific performance. The parties agree that these remedies shall be the sole remedies of Buyer in any event relating to a Seller default.
If Seller is in Default. If Closing shall not occur due to the Seller’s refusal to convey the Property on the Closing Date after Purchaser’s delivery of the Purchase Price to the Title Company, the City, as its sole and exclusive remedy, may elect either to (i) terminate this Agreement, in which case the Xxxxxxx Money shall be returned to the City and the Parties shall have no further obligations under this Agreement except those that expressly survive the termination of this Agreement or (ii) treat this Agreement as being in full force and effect and seek specific performance, but not damages. Nothing herein waives, impairs, limits or modifies the City’s power and authority of condemnation.
