Common use of POST CLOSING PURCHASER'S REMEDIES Clause in Contracts

POST CLOSING PURCHASER'S REMEDIES. If Seller is in material default under this Agreement in respect to any of its obligations hereunder pertaining to an applicable Phase that arise on or subsequent to the applicable Closing Date, subject to the limitation provided in Paragraph 23 hereof, Purchaser may recover from Seller all out-of-pocket monetary damages incurred by Purchaser that have not been satisfied by the offset permitted Purchaser pursuant to Paragraphs 5.04, 9.03, 14.06, 14.07 and 16.01 hereof. In addition, Purchaser shall be permitted to recover Litigation Expenses that it incurs as a result of enforcing Purchaser's right to recover monetary damages as aforesaid.

Appears in 1 contract

Samples: Purchase and Sell (Developers Diversified Realty Corp)

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POST CLOSING PURCHASER'S REMEDIES. If Seller is in material default under this Agreement in respect to any of its obligations hereunder pertaining to an applicable Phase that arise on or subsequent to the applicable Closing Date, subject to the limitation provided in Paragraph 23 hereof, Purchaser may recover from Seller all out-of-pocket monetary damages incurred by Purchaser that have not been satisfied by the offset permitted Purchaser pursuant to Paragraphs 5.04, 9.03, 14.06, 14.07 and 16.01 hereof. In addition, Purchaser shall be permitted to recover Litigation Expenses that it incurs as a result of enforcing Purchaser's right to recover monetary damages as aforesaid.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Developers Diversified Realty Corp)

POST CLOSING PURCHASER'S REMEDIES. If Seller is in material default under this Agreement in respect to any of its obligations hereunder pertaining to an applicable Phase that arise on or subsequent to the applicable Closing Date, subject to the limitation provided in Paragraph 23 hereof, Purchaser may recover from Seller all out-of-pocket monetary damages incurred by Purchaser that have not been satisfied by the offset permitted Purchaser pursuant to Paragraphs 5.04, 9.03, 14.06, 14.07 and 16.01 hereof. In addition, Purchaser shall be permitted to recover Litigation Expenses that it incurs as a result of enforcing Purchaser's right to recover monetary damages as aforesaid.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Developers Diversified Realty Corp)

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POST CLOSING PURCHASER'S REMEDIES. If Seller is in material default under this Agreement in respect to any of its obligations hereunder pertaining to an applicable Phase that arise on or subsequent to the applicable Closing Date, subject to the limitation provided in Paragraph 23 hereof, Purchaser may recover from Seller all out-of-pocket monetary damages incurred by Purchaser that have not been satisfied by the offset permitted Purchaser pursuant to Paragraphs 5.04, 9.03, 14.06, 14.07 9.03 and 16.01 hereof. In addition, Purchaser shall be permitted to recover Litigation Expenses that it incurs as a result of enforcing Purchaser's right to recover monetary damages as aforesaid.

Appears in 1 contract

Samples: Developers Diversified Realty Corp

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