Common use of Other Seller Defaults Clause in Contracts

Other Seller Defaults. If (A) any Seller does not timely perform its obligations under SECTION 6.2(a) for any reason other than (i) Buyer's failure to timely perform its obligations under SECTION 6.2(b) or (ii) an act that falls under SECTION 7.2(a) (or the termination of this Contract under any applicable provision of this Contract) or (B) any Seller does not timely perform any of its material obligations under this Contract other than its obligations under SECTION 6.2(a) (for any reason other than the termination of this Contract under any applicable provision of this Contract) and does not cure the default within 10 business days after receipt of written notice of the default from Buyer, then Buyer shall, as its sole and exclusive remedy, waiving all other remedies, either:

Appears in 4 contracts

Samples: Revolving Loan Agreement (Education Realty Trust, Inc.), Non Exclusive Service Mark License Agreement (Education Realty Trust, Inc.), Education Realty Trust, Inc.

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Other Seller Defaults. If (A) any Seller does not timely perform its obligations under SECTION 6.2(a) for any reason other than (i) Buyer's failure to timely perform its obligations under SECTION 6.2(b) or (ii) an act that falls under SECTION 7.2(a) (or the termination of this Contract under any applicable provision of this Contract) ), or (B) any Seller does not timely perform any of its material obligations under this Contract other than its obligations under SECTION 6.2(a) (for any reason other than the termination of this Contract Contract) under any applicable provision of this Contract) Contract and does not cure the default within 10 business days after receipt of written notice of the default from Buyer, then Buyer shall, as its sole and exclusive remedy, waiving all other remedies, either:

Appears in 2 contracts

Samples: Brochure Agreement (Education Realty Trust, Inc.), Contract of Sale (Education Realty Trust, Inc.)

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Other Seller Defaults. If (A) any Seller does not timely perform its obligations under SECTION Section 6.2(a) for any reason other than (i) Buyer's ’s failure to timely perform its material obligations under SECTION Section 6.2(b) or (ii) an act that falls under SECTION Section 7.2(a) (or the termination of this Contract under any applicable provision of this Contract) or (B) any Seller does not timely perform any of its material obligations under this Contract (including, without limitation, payment of all Monetary Liens) other than its obligations under SECTION Section 6.2(a) (for any reason other than the termination of this Contract under any applicable provision of this Contract) and does not cure the default within 10 business days after receipt of written notice of the default from Buyer, then Buyer shall, as its sole and exclusive remedy, waiving all other remedies, either:

Appears in 1 contract

Samples: Contract of Sale (Berkshire Income Realty Inc)

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