Common use of Procedure if Seller Fails to Pay Clause in Contracts

Procedure if Seller Fails to Pay. If Seller fails to pay any Claim in full to Buyer within ten (10) days from the date of such written notice (said ten (10) day period hereinafter referred to as the "NOTICE PERIOD"), Buyer shall have the right to make offset against the Escrow Fund, in accordance with the terms and conditions of the Escrow Agreement, in amounts from time to time equal to the amount of such Claim (subject, however, in the case of a "DISPUTE", to the provisions of paragraph 16 hereof applicable thereto), and Seller agrees to any such offset. Buyer's right to proceed against the Escrow Fund shall not be exclusive of any other rights or remedies that it may have under this Agreement, law, equity or otherwise.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)

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Procedure if Seller Fails to Pay. If Seller fails to pay any Claim in full to Buyer within ten (10) days from the date of such written notice (said ten (10) day period hereinafter referred to as the "NOTICE PERIOD"), Buyer shall have the right to make offset against the Escrow Fund, in accordance with the terms and conditions of the Escrow Agreement, in amounts from time to time equal to the amount of such Claim (subject, however, in the case of a "DISPUTE", to the provisions of paragraph 16 17 hereof applicable thereto), and Seller agrees to any such offset. Buyer's right to proceed against the Escrow Fund shall not be exclusive of any other rights or remedies that it may have under this Agreement, law, equity or otherwise.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)

Procedure if Seller Fails to Pay. If Seller fails to pay any Claim in full to Buyer within ten (10) days from the date of such written notice (said ten (10) day period hereinafter referred to as the "NOTICE PERIOD"), Buyer shall have the right to make offset against the Escrow Fund, in accordance with the terms and conditions of the Escrow Stock Pledge Agreement, in amounts from time to time equal to the amount of such Claim (subject, however, in the case of a "DISPUTE", to the provisions of paragraph 16 hereof applicable thereto), and Seller agrees to any such offset. Buyer's right to proceed against the Escrow Fund shall not be exclusive of any other rights or remedies that it may have under this Agreement, law, equity or otherwise, subject, however, in the case of a "DISPUTE" to the provisions of paragraph 16 below.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)

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Procedure if Seller Fails to Pay. If Seller fails to pay any Claim in full to Buyer within ten (10) days from the date of such written notice (said ten (10) day period hereinafter referred to as the "NOTICE PERIOD"), Buyer shall have the right to make offset against the Escrow Fund, in accordance with the terms and conditions of the Escrow Agreement, in amounts from time to time equal to the amount of such Claim (subject, however, in the case of a "DISPUTE", to the provisions of paragraph 16 18 hereof applicable thereto), and Seller agrees to any such offset. Buyer's right to proceed against the Escrow Fund shall not be exclusive of any other rights or remedies that it may have under this Agreement, law, equity or otherwise.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)

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