PURCHASER'S DEFAULTS. Purchaser shall be considered to be in default hereunder if Purchaser fails to meet, comply with, or perform any material covenant, agreement, representation, warranty, or obligation on its part required within the time limits and in the manner required in this Contract, and such failure was not caused by Seller's default.
PURCHASER'S DEFAULTS. Purchaser shall be deemed to be in default under this Agreement in the event Purchaser fails, for any reason (other than a default by Seller), to perform any of its material obligations under this Agreement or any or all of the Other Sale Agreements within the time limits and in the manner provided for, as applicable, in this Agreement and the Other Sale Agreements, or any representation or warranty made by the Purchaser in this Agreement or any or all of the Other Sale Agreements is untrue or inaccurate in a material respect when made or as of the applicable Closing Date. If the applicable Closing does not occur and Purchaser is in default, Purchaser shall pay all of the Shared Closing Costs.
PURCHASER'S DEFAULTS. Any one of the following which occur within [***] after the Effective Date (or such longer period if specified herein) shall constitute an event of default by Purchaser (“Purchaser Default”) under this Agreement:
PURCHASER'S DEFAULTS. It shall be a default by Purchaser under this Agreement (a "PURCHASER'S DEFAULT") if any one or more of the following shall occur:
PURCHASER'S DEFAULTS. A. Purchaser shall be deemed to be in default if Purchaser shall fail to deliver, at the Closing, the items required to be delivered by Purchaser to Seller for any reason other than a default by Seller.
PURCHASER'S DEFAULTS. If Purchaser defaults in its obligations to close hereunder, Seller's sole and exclusive remedy shall be to receive and retain the Downpayment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty.
PURCHASER'S DEFAULTS. Any of the following events shall be a default by the Purchaser under this Contract unless such event occurred as a result of Seller's breach of its obligations hereunder:
PURCHASER'S DEFAULTS. (a) If Purchaser breaches this Agreement by refusing to purchase the Property in accordance with this Agreement when legally required to do so (a "WRONGFUL FAILURE TO PURCHASE") and Purchaser does not cure the Wrongful Failure to Purchase within five (5) days after Seller notifies Purchaser of the same, in writing, then Seller, AS ITS SOLE AND EXCLUSIVE REMEDY, may terminate this Agreement, in which case Seller shall be entitled to the entire Contract Deposit and neither party shall have any further obligations hereunder, except for Purchaser's indemnity, repair and other obligations that by their terms survive the termination of this Agreement. Purchaser and Seller agree that the payment of the Contract Deposit pursuant to this Section shall constitute liquidated damages which are reasonable under the circumstances because of the difficulty, inconvenience, and uncertainty of ascertaining actual damages.
PURCHASER'S DEFAULTS. 37 12.4 Sellers' Remedy......................................... 37 12.5 Liquidated Damages to Purchaser......................... 38
PURCHASER'S DEFAULTS. Purchaser shall be considered to be in default -------------------- hereunder prior to Closing only if the emergency motion described in Section 4.1 is timely filed and served in accordance with Section 4.1 and Purchaser thereafter fails to meet, comply with or perform any material covenant, agreement or obligation on its part and such failure was not preceded by a Seller's default.
