Permitted Termination; Seller Default. If the sale of the Property is not consummated due to Seller’s default hereunder, Buyer shall be entitled, as its sole remedy, either (a) to terminate the Agreement, whereupon Buyer shall be entitled to receive the return of the Deposit and to receive from Seller in addition reimbursement of the documented out-of-pocket expenses incurred by Buyer in connection with the negotiation and execution of this Agreement, performing its due diligence hereunder and preparation for Closing, up to but not in excess of Two Hundred Thousand Dollars ($200,000.00) (the “Seller Default Reimbursement”), or (b) to enforce specific performance of this Agreement. Buyer expressly waives its rights to seek any damages in the event the sale of the Property is not consummated due to Seller’s default hereunder. In the event that Buyer terminates the Agreement as a result of Seller’s default with respect to its obligations hereunder, if Buyer fails, on or before thirty (30) days following the date upon which Closing was to have occurred, to deliver to Seller a written demand certified by a principal of Buyer for reimbursement of documented out-of-pocket expenses incurred by Buyer in the negotiation and execution of this Agreement, performing its due diligence hereunder and preparation for Closing, up to but not in excess of Two Hundred Thousand Dollars ($200,000.00), together with supporting documentation, then Buyer shall be deemed to have elected to terminate this Agreement and receive back the Deposit but without reimbursement for any of the expenses incurred by Buyer. If the Closing does not occur for any reason other than Buyer terminating this Agreement as a result of Seller’s default with respect to Seller’s obligations hereunder (and other than as expressly provided in Sections 3.1, 3.6, 3.8, 4.2, 5.1, 5.6(c), 7.8, and 10.2(b)), Buyer shall not be entitled to receive back any portion of the Deposit unless, on or before thirty (30) days following the date upon which Closing was to have occurred, Buyer makes a written demand to Escrow Agent in accordance with the provisions of Section 5.3 for return of the portion of the Deposit to which Buyer believes it is entitled, which demand shall state with specificity the reasons that Buyer believes it is entitled to receive return of said portion of the Deposit.
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be promptly returned to Buyer and the Parties shall have no further rights or obligations hereunder except for those obligations which expressly survive the termination of this Agreement. If the sale of the Property is not consummated due to Seller’s default hereunder, Buyer shall be entitled, as its sole remedy, to either:
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be returned to Buyer and Buyer will have no liability hereunder except as set forth in Sections 3.4, 3.5, 3.6, 9.6 and 10.11. If the sale of the Property is not consummated due to Seller’s default hereunder, Buyer shall be entitled, as its sole and exclusive remedy, either (a) to terminate this Agreement and receive the return of the Deposit upon the delivery by Buyer of written notice of such termination to Seller and Escrow Agent, or (b) to enforce specific performance of this Agreement. Buyer expressly waives its rights to seek any damages in the event of any default by Seller hereunder except for breach of one of the representations of Seller as set forth in Section 6.1 hereof, the remedy for which breach is provided in Section 6.2 hereof. Buyer shall be deemed to have elected to terminate this Agreement and receive back the Deposit if Buyer fails to file suit for specific performance against Seller in a court prescribed by Section 10.5 hereof, on or before thirty (30) days following the date upon which Closing was to have occurred.
Permitted Termination; Seller Default. If the sale of the Property and the Cowboys Ownership Interests is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be returned to Buyer and Buyer will have no liability hereunder except as set forth in Sections 4.5, 4.6, 4.7, 10.7 and 11.11. If the sale of the Property and the Cowboys Ownership Interests is not consummated due to Seller’s material default hereunder not cured within the below defined “Cure Period” (including, without limitation, a default by Seller which creates an Unpermitted Title Defect as further described in Section 5.2)(a “Material Default”), Buyer shall be entitled, as its sole and exclusive remedy, either (a) to terminate this Agreement, and in the event of such termination receive the return of the Deposit and liquidated damages in the amount of ONE MILLION NINE HUNDRED NINETY-NINE THOUSAND AND NINE HUNDRED DOLLARS ($1,999,900.00), and upon payment of such liquidated damages, Seller shall be released from any and all liability hereunder, except as provided in Sections 10.7 and 11.11, or (b) to enforce specific performance of this Agreement in accordance with Section 6.1.1
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be returned to Buyer and Buyer will have no liability hereunder except as set forth in Sections 3.4, 3.5, 3.6, 9.6 and 10.11. If the sale of the Property is not consummated due to Seller's default hereunder, Buyer shall be entitled, as its sole and exclusive remedy, either (a) to receive the return of the Deposit, or (b) to enforce specific performance of this Agreement. Buyer expressly waives its rights to seek any damages in the event of Seller's default hereunder. Buyer shall be deemed to have elected to terminate this Agreement and receive back the Deposit if Buyer fails to file suit for specific performance against Seller in a court prescribed by Section 10.5, on or before twenty (20) days following the date upon which Closing was to have occurred.
Permitted Termination; Seller Default. If the sale of the Property is not consummated due solely to a default by Seller hereunder, Buyer shall be entitled, as its sole remedy, either (a) to terminate this Agreement by giving Seller written notice of such election prior to Closing, in which case the Deposit shall be returned to Buyer and Buyer may seek an action for damages to recover Buyer's actual out‑of‑pocket costs incurred with its Due Diligence activities and the negotiation of this Agreement up to a maximum of $200,000.00, or (b) to enforce specific performance of this Agreement and obtain damages for any third-party out-of-pocket costs incurred by Buyer in pursuing such remedy (including reasonable attorneys’ fees) up to a maximum of $100,000. Except as set forth above, Buyer expressly waives its rights to seek any damages in the event purchase and sale of the Property is not consummated due to Seller's default hereunder. If the Closing does not occur for any reason other than Buyer’s default, Buyer shall be entitled to receive back the Deposit.
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be returned to Buyer and Buyer will have no liability hereunder except as set forth in Sections 4.5, 4.6, 4.7, 10.7 and 11.11. If the sale of the Property is not consummated due to Seller’s material default hereunder not cured within the below defined “Cure Period” (including, without limitation, a default by Seller which creates an Unpermitted Title Defect as further described in Section 5.2)(a “Material Default”), Buyer shall be entitled,
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, the Deposit shall be returned to Buyer. If the sale of the Property is not consummated due to Seller's default hereunder, Buyer shall be entitled, as its sole remedy, either (a) to receive the return of the Deposit, or (b) to enforce specific performance of this Agreement. Buyer expressly waives its rights to seek any damages in the event of Seller's default hereunder. Buyer shall be deemed to have elected to terminate this Agreement and receive back the Deposit and be reimbursed for expenses to the extent provided in said item (a) if Buyer fails to file suit for specific performance against Seller in a court prescribed by Section 10.5 hereof, on or before sixty (60) days following the date upon which closing was to have occurred.
Permitted Termination; Seller Default. If the sale of the Property is not consummated due to the permitted termination of this Agreement by Buyer as herein expressly provided, then the Deposit shall be returned to Buyer; provided, however, the Initial Deposit shall not be returned to Buyer unless the permitted termination of this Agreement specifically states that the Deposit is to be returned to Buyer or the Agreement states that only the Additional Deposit is to be returned to Buyer. Upon such termination, Buyer will have no liability hereunder except as otherwise expressly stated in this Agreement. If the sale of the Property is not consummated due solely to Seller’s material default hereunder that is not cured within all applicable notice and cure periods, then Buyer shall have the right, to elect, as its sole and exclusive remedy, to (a) terminate this Agreement by written notice to Seller, promptly after which the Deposit shall be returned to Buyer, (b) waive the default and proceed to close the
