Purchaser’s Remedy. If the Purchaser terminates this Agreement pursuant to Section 10.1(d) or (e) or the Seller terminates this Agreement pursuant to Section 10.1(h), the Seller shall reimburse the Purchaser for its actual out-of-pocket expenses incurred in connection with the Transaction up to maximum amount of $1,300,000 upon submission by the Purchaser to the Seller of supporting documentation for such expenses. This right shall be in addition to any other right or remedy that the Purchaser may have available at law or equity.
Purchaser’s Remedy. In the event that Seller defaults in performing under this Agreement or should any of Seller’s warranties or representations be untrue in any material respect, if no other remedy therefor is specified herein, Purchaser may (if Purchaser is not in default), as Purchaser’s sole and exclusive remedy for such breach, terminate this Agreement by written notice delivered to Seller on or before the Closing Date (in which case Escrow Agent shall refund to Purchaser the Xxxxxxx Money, with interest) and Purchaser shall have no further rights or remedies with respect to Seller or this Agreement. In addition to the foregoing, the parties acknowledge that it is impossible to ascertain Purchaser’s damages in the event of default by Seller hereunder. Accordingly, the parties agree that if Seller defaults in performing under this Agreement (Purchaser not then being in default), Seller shall pay to Purchaser the sum of $1,000, not as a penalty, but for full liquidation of damages, the parties declaring and agreeing that such is and represents a reasonable forecast and settlement of such damages of Purchaser. In no event shall Seller be liable to Purchaser for any consequential, special, incidental or punitive damages. The foregoing notwithstanding, Seller shall not be obligated to pay liquidated damages or refund the Xxxxxxx Money to Purchaser unless and until Purchaser shall have delivered to Seller, Purchaser’s recordable Quit Claim Deed to the Premises. Any Closing by Purchaser shall conclusively be deemed a waiver of: (i) any breach of representation or warranty of which Purchaser has knowledge; (ii) any default by Seller or (iii) any unfulfilled condition of Closing.
Purchaser’s Remedy. (a) If this Agreement is terminated, Purchaser shall be entitled to a return of the Xxxxxxx Money to the extent provided in Section 5.2; provided, that Purchaser shall have the right to seek specific performance of Sellers’, Seller Affiliate’s, the Real Estate Owners’ and Principal’s obligations under this Agreement or other Transaction Documents as set forth in Section 8.5; provided, further, that, if Purchaser fails to notify Sellers, Seller Affiliate, the Real Estate Owners and Principal of its intent to initiate a suit for specific performance to cause the Closing to occur within sixty (60) days following Purchaser’s awareness of a breach by any Seller, Seller Affiliate or Principal, then Purchaser shall be deemed to have waived the right to seek or obtain such specific performance, but shall have, subject to the limitations set forth in this Section 8.4, any other remedies available to address such breach (including, if the Closing occurs, its right to seek indemnification pursuant to Article XII); provided, further, that, in the event of a termination of this Agreement or other Transaction Documents, remedies other than specific performance shall only be available against Sellers, and neither the Principal nor the Seller Affiliate will have Liability to Purchaser, absent the existence of Fraud by the
Purchaser’s Remedy. (a) State’s liability for breach of this Right of Entry is limited to the amount of any payments made by Purchaser for Geoducks not harvested, exclusive of the Bonus Bid. In no event shall State’s liability for breach of this Right of Entry exceed the aggregate amount of payments it has received from Purchaser under this contract or include incidental or consequential damages, including lost profits.
Purchaser’s Remedy. XXXX’x sole obligation under this warranty will be to repair or replace, at its option, any unit or part which shall be returned to XXXX or a XXXX authorized facility and which examination shall disclose to XXXX’x satisfaction to have been defective. Freight or other transportation cost to and from XXXX or a XXXX authorized facility must be paid by the purchaser. XXXX will not assume any charges for repairs without prior authorization.
Purchaser’s Remedy. In the event of default by Seller, Purchaser shall be entitled to a return of the deposit, and repayment by Seller of out-of-pocket expenses incurred by Purchaser for inspecting the property or applying for financing which repayment amount shall not exceed $250, as the Purchaser’s sole and exclusive remedy.
Purchaser’s Remedy. In the event that Seller defaults in performing under this Agreement or should any of Seller’s warranties or representations be untrue in any material respect, if no other remedy therefor is specified herein, Purchaser may (if Purchaser is not in default) either terminate this Agreement by written notice delivered to Seller on or before the Closing Date (in which case The Title Company shall refund to Purchaser all monies then in escrow , if any, with interest) or pursue specific performance. In addition to the foregoing, the parties acknowledge that it is impossible to ascertain Purchaser’s damages in the event of default by Seller hereunder. Accordingly, the Parties agree that if any Seller defaults in performing under this Agreement (Purchaser not then being in default), Seller shall pay to Purchaser the sum of its attorneys’ fees, architectural fees, zoning expenses, environmental costs, due diligence costs, property inspection expenses, and other expenses relating to this Agreement and the purchase of the Real Estate in an amount not to exceed Seventy Five Thousand Dollars ($75,000.00), not as a penalty, but for full liquidation of damages, the Parties declaring and agreeing that such is and represents a reasonable forecast and settlement of such damages of Purchaser.
Purchaser’s Remedy. In the event that Seller defaults in performing under this Agreement or should any of Seller’s warranties or representations be untrue in any material respect, if no other remedy therefor is specified herein, Purchaser may (if Purchaser is not in default) either terminate this Agreement by written notice delivered to Seller on or before the Closing Date (in which case The Title Company shall refund to Purchaser all monies then in escrow , if any, with interest) or pursue specific performance In addition to the foregoing, the parties acknowledge that it is impossible to ascertain Purchaser’s damages in the event of default by Seller hereunder.
Purchaser’s Remedy
