Common use of Purchaser’s Defaults; Seller’s Remedies Clause in Contracts

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase the Fee Property and Building F Option, which breach is not cured within three (3) business days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder and Seller is willing, ready and able to perform its obligations hereunder, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASER, THAT THE AMOUNT OF ALL XXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER SHALL BE TO RETAIN ALL XXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH /s/ KG Initials of Seller Initials of Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase after the Fee Property and Building F Optionexpiration of the Due Diligence Period, which breach is not cured within three five (35) business days Business Days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the respective Closing Date or apply for a breach of the obligation to close by the such Closing Date), Seller is not in default of its obligations hereunder ) and Seller is willing, ready and able to perform its obligations hereunder, is not in default hereunder and shall have performed all of the obligations required of Seller as of the date Purchaser receives the notice of default from Seller, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Exxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASERPURCHASER AFTER THE EXPIRATION OF THE DUE DILIGENCE PERIOD, THAT THE AMOUNT OF ALL XXXXXXX EXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER AFTER THE EXPIRATION OF THE DUE DILIGENCE PERIOD SHALL BE TO RETAIN ALL XXXXXXX EXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH /s/ KG Initials of Seller Initials of Purchaser (b) After Subject to Section 9.23, after Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase effect the Fee Property and Building F OptionClosing, which breach is not cured within three five (35) business days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder ) and Seller is willing, ready and able to perform its obligations hereunder, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all of the Xxxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASER, THAT THE AMOUNT OF ALL XXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER SHALL BE TO RETAIN ALL XXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH GAK /s/ KG NAC Initials of Seller Initials of Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase effect the Fee Property and Building F OptionClosing, which breach is not cured within three five (35) business days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder ) and Seller is willing, ready and able to perform its obligations hereunder, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Exxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASER, THAT THE AMOUNT OF ALL XXXXXXX EXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER SHALL BE TO RETAIN ALL XXXXXXX EXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH /s/ KG Initials of Seller Initials of Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase the Fee Property and Building F OptionAgreement, which breach is not cured within three five (35) business days after Purchaser’s 's receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder and Seller is willing, ready and able to perform its obligations hereunder, Seller’s 's sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASER, THAT THE AMOUNT OF ALL XXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S 'S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER SHALL BE TO RETAIN ALL XXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. Notwithstanding the foregoing, this liquidated damages provision does not limit Purchaser's obligations of restoration and indemnity 2.3 above, which expressly survives termination of this Agreement for any reason, including default by Purchaser. /s/ RH JMH /s/ KG GAK ________________________ __________________________ Initials of Seller Initials of Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase after the Fee Property and Building F Optionexpiration of the Due Diligence Period, which breach is not cured within three five (35) business days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder ) and Seller is willing, ready and able to perform its obligations hereunder, and shall have performed all of the obligations required of Seller as of the date Purchaser receives the notice of default from Seller, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASERPURCHASER AFTER THE EXPIRATION OF THE DUE DILIGENCE PERIOD, THAT THE AMOUNT OF ALL XXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER AFTER THE EXPIRATION OF THE DUE DILIGENCE PERIOD SHALL BE TO RETAIN ALL XXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH /s/ KG Initials of Seller Initials of Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.

Purchaser’s Defaults; Seller’s Remedies. (a) In the event of a breach by Purchaser of its obligations under this Agreement to purchase effect the Fee Property and Building F OptionClosing, which breach is not cured within three five (35) business days after Purchaser’s receipt of notice of default from Seller (provided that no such cure period shall extend the Closing Date or apply for a breach of the obligation to close by the Closing Date), Seller is not in default of its obligations hereunder ) and Seller is willing, ready and able to perform its obligations hereunder, Seller’s sole remedy shall be to terminate this Agreement and receive and retain all Xxxxxxx Money and any earnings thereon as liquidated damages, not as a penalty. PURCHASER AND SELLER AGREE THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICAL TO QUANTIFY THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF A BREACH BY PURCHASER, THAT THE AMOUNT OF ALL XXXXXXX MONEY IS A REASONABLE ESTIMATE OF SUCH ACTUAL DAMAGES, AND THAT SELLER’S EXCLUSIVE REMEDY IN THE EVENT OF A BREACH BY PURCHASER SHALL BE TO RETAIN ALL XXXXXXX MONEY AND ANY EARNINGS THEREON AS LIQUIDATED DAMAGES. /s/ RH /s/ KG ___________________ _________________________ Initials of Seller Initials of Purchaser Purchaser (b) After Closing, in the event of a breach by Purchaser of its obligations under this Agreement to be performed after the that survive Closing, Seller may exercise any rights and remedies available at law or in equity.