Remedies of Buyer. In the event this Agreement fails to close due to the default of Seller, Buyer may either seek the specific performance of this Agreement or terminate this Agreement upon notice to Seller and Holder, in which case all xxxxxxx money deposits and other payments Buyer has paid towards the purchase of the Property shall be returned to Buyer following the procedures set forth elsewhere herein.
Remedies of Buyer. Upon the occurrence of any Builder Event of Default and the expiration of Builder’s Cure Period, Buyer may (but shall not be obligated to) terminate this Contract and recover monetary damages as specified below. Buyer does not and shall not have the right to terminate this Contract but for an uncured Builder Event of Default. The remedy of specific performance is hereby waived by Buyer and shall not be available in any action concerning this Contract. In no event shall Buyer be entitled to file a lis pendens or otherwise cloud the title to the Property. Notwithstanding any default by Builder, Builder shall be entitled to seek an injunction to remove any such cloud. Any monetary damages available to Buyer shall be limited to (i) return of any sums paid to Builder for upgrades, options, extras or Change Orders; (ii) return of the Xxxxxxx Money; and (iii) reasonable and necessary attorney’s fees and costs incurred to invoke mediation and/or arbitration. Notwithstanding the foregoing, if Builder refuses to close, Xxxxx not being in default, Buyer will be entitled to pursue all remedies provided under Texas law, save and except specific performance, which is specifically waived by Xxxxx and disclaimed by Builder.
Remedies of Buyer. 11.1. Where the Buyer rejects the Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of the Goods or the failure by the Supplier to supply goods which conform to the Supply Contract. Where the Buyer accepts or has been deemed to have accepted the Goods then the Supplier shall have no liability whatsoever to the Buyer in respect of those Goods.
Remedies of Buyer. In the event Buyer is the non-breaching party, as its sole and exclusive remedy, Buyer may elect to: (i) terminate this Agreement and the Escrow by giving Seller written notice describing Seller's default and setting forth Buyer's election to immediately terminate this Agreement and the Escrow; or (ii) pursue the equitable remedy of specific performance of this Agreement. In the event Buyer elects to terminate this Agreement and the Escrow pursuant to Section 8.6(a)(i) hereof, then Escrow Agent shall immediately cause the Initial Deposit to be paid to Buyer without the need of any further authorization or consent from Seller pursuant to the provisions of Section 8.6(d) hereof. Furthermore, in the event Buyer elects to terminate this Agreement and the Escrow pursuant to Section 8.6(a)(i) hereof, Seller shall also reimburse and pay to Buyer an amount equal to all costs, fees and expenses (including legal fees and costs), paid or incurred by Buyer in connection with this Agreement and in connection with its investigation of the Property, subject to a cap of $[***].
Remedies of Buyer. Upon the occurrence of any Builder Event of Default and the expiration of Builder's Cure Period, Buyer may (but shall not be obligated to) terminate this Contract and recover monetary damages as specified below. The remedy of specific performance is hereby waived by Buyer and shall not be available in any action concerning this Contract. Notwithstanding any default by Builder, Builder shall be entitled to seek an injunction to remove any such cloud. Any monetary damages available to Buyer shall be limited to (i) a refund of the Deposit paid; (ii) return of any sums paid to Builder for construction deposits, upgrades, options, extras or Change Orders; and (iii) reasonable and necessary attorney's fees and costs incurred to invoke and prosecute mediation and/or arbitration as herein provided. If Builder refuses to close, Xxxxx not being in default, Xxxxx will be entitled to pursue all remedies provided under Texas law, save and except specific performance.
Remedies of Buyer. In the event Buyer is the non-breaching party, as its sole and exclusive remedy, Buyer may elect to: (i) terminate this Agreement and the Escrow by giving Seller written notice describing Seller’s default and setting forth Buyer’s election to immediately terminate this Agreement and the Escrow; or (ii) pursue the equitable remedy of specific performance of this Agreement. Furthermore, and without limiting the foregoing, in no event shall Buyer have the right to bring or maintain a cause of action against Seller for monetary damages as a result of Seller’s breach pursuant to this Section 8.6(a), other than: (A) causes of action specifically authorized pursuant to the express terms and conditions of this Agreement; and (B) common law causes of action for fraud, intentional misrepresentation, intentional concealment and similar causes of action. In the event Buyer elects to terminate this Agreement and the Escrow pursuant to this Section 8.6(a)(i) hereof, then Escrow Holder shall immediately cause the Deposit to be paid to Buyer without the need of any further authorization or consent from Seller pursuant to the provisions of Section 8.6(d) hereof.
Remedies of Buyer. In the event Buyer is the non-breaching party, as its sole and exclusive remedy, Buyer may elect to: (i) terminate this Agreement and the Escrow by giving Seller written notice describing Seller’s default and setting forth Buyer’s election to immediately terminate this Agreement and the Escrow; or (ii) pursue the equitable remedy of specific performance of this Agreement. In the event Buyer elects to terminate this Agreement and the Escrow pursuant to Section 8.6(a)(i) hereof, then Escrow Agent shall immediately cause the Deposit (or that portion thereof previously paid by Buyer to Escrow Agent) to be paid to Buyer without the need of any further authorization or consent from Seller pursuant to the provisions of Section 8.6(d) hereof. Furthermore, in the event Buyer elects to terminate this Agreement and the Escrow pursuant to Section 8.6(a)(i) hereof, without limiting the rights and remedies available to Buyer pursuant to this Section 8.6, Seller shall pay to Buyer an amount equal to Buyer’s costs, fees and expenses, including attorneys’ fees and costs, incurred in connection with the transaction contemplated by this Agreement (including Buyer’s due diligence expenses), up to and through the date of such termination not to exceed Thirty Thousand Dollars ($30,000.00).
Remedies of Buyer. 11.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract.
Remedies of Buyer. 1. Defaults of BUILDER: The following shall constitute events of default of BUILDER under the CONTRACT (collectively, “BUILDER DEFAULTS”):
Remedies of Buyer. In the event Buyer is the non-breaching party, as its sole and exclusive remedy, Buyer may elect to: (i) terminate this Agreement and the Escrow by giving Seller written notice describing Seller’s default and setting forth Buyer’s election to immediately terminate this Agreement and the Escrow; or (ii) pursue the equitable remedy of specific performance of this Agreement. In the event Buyer elects to terminate this Agreement and the Escrow pursuant to this Section 8.6(a)(i) hereof, then Escrow Agent shall cause the Deposit to be paid to Buyer subject to the terms of Exhibit H attached hereto.
