Common use of Remedies for Seller’s Default Clause in Contracts

Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) have the right to specific performance of this Agreement and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against Seller. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of $50,000.

Appears in 2 contracts

Samples: Joint Escrow Instructions, Joint Escrow Instructions

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Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) have the right to specific performance of this Agreement and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against Seller. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx Buyer in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of $50,000.

Appears in 1 contract

Samples: Joint Escrow Instructions

Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) shall have the right to specific performance of this Agreement or to receive an immediate refund of the Initial Deposit, and the Extension Deposit, if any, and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against SellerBuyer. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of Five Thousand Dollars ($50,0005,000).

Appears in 1 contract

Samples: Joint Escrow Instructions

Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) shall have the right to specific performance of this Agreement or to receive an immediate refund of the Initial Deposit, and the Extension Deposit, if any, and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against SellerBuyer. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx Buyer in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of Five Thousand Dollars ($50,0005,000).

Appears in 1 contract

Samples: Joint Escrow Instructions

Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) shall have the right to specific performance of this Agreement or to receive an immediate refund of the Initial Deposit, and the Extension Deposit, if any, and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against SellerBuyer. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx Buyer in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of $50,0005,000.00.

Appears in 1 contract

Samples: Joint Escrow Instructions

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Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) have the right to specific performance of this Agreement and all of its general and special damages, or (ii) receive an immediate return of the Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against SellerBuyer. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx Buyer in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of $50,000.

Appears in 1 contract

Samples: Joint Escrow Instructions

Remedies for Seller’s Default. If Seller defaults in its obligations under this Agreement to sell the Property to Buyer on the Closing Date through no fault of Buyer, then Buyer at its option may either (i) have the right to specific performance of this Agreement and all of its general and special damages, or (ii) receive an immediate return of the Initial Deposit and any Extension Deposit, together with interest thereon. If, after the Closing Date, Buyer determines that Seller has breached any material representation or warranty set forth in this Agreement, then Buyer shall have the right to bring an action for general and special damages against Seller. If this Agreement is terminated before the Closing Date for Seller’s default, then, in addition to any remedy Buyer has under this Agreement, Seller shall reimburse Buyer for the reasonable costs actually incurred by Xxxxx Buyer in conducting its due diligence, but in no event shall Buyer be entitled to request/receive (nor shall Seller be obligated to pay) any due diligence reimbursement amount in excess of $50,00050,000.00.

Appears in 1 contract

Samples: Joint Escrow Instructions

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