Common use of Per Diem Damages Clause in Contracts

Per Diem Damages. If Buyer is unable or unwilling to close escrow in accordance with this Agreement by the Close Date, through no fault of Seller, Seller may waive such default and keep this Agreement in effect, provided that Buyer makes the payments described below. Upon demand by Seller, Buyer shall pay to Seller, in advance, outside of escrow the amount of “carrying costs” (i.e., interest, real property taxes and insurance), not to exceed an amount equal to one hundred fifty dollars ($150.00) per day. Such payment shall be prorated at the time escrow closes and is not part of the Purchase Price. Nothing herein shall obligate Seller to continue waiving such default by Buyer to timely close escrow and Seller may at any time declare Buyer in default for any continued delay by Buyer in closing escrow and proceed with any and all other remedies provided in this Agreement and by law.

Appears in 3 contracts

Samples: Joint Purchase Agreement, Joint Purchase Agreement, Joint Purchase Agreement

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Per Diem Damages. If Buyer is unable or unwilling to close escrow in accordance with this Agreement by the Close Date, through no fault of Seller, Seller may waive such default and keep this Agreement in effect, provided that Buyer makes the payments described below. Upon demand by Seller, Buyer shall pay to Seller, in advance, outside of escrow the amount of “carrying costs” (i.e., interest, real property taxes and insurance), not to exceed an amount equal to one hundred fifty dollars ($150.00) per day. Such payment shall be prorated at the time escrow closes and is not part of the Purchase Price. Nothing herein shall obligate Seller to continue waiving such default by Buyer to timely close escrow and Seller may at any time declare Buyer in default for any continued delay by Buyer in closing escrow and proceed with any and all other remedies provided in this Agreement and by law.time

Appears in 3 contracts

Samples: Joint Purchase Agreement, Joint Purchase Agreement, Joint Purchase Agreement

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