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. 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. 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, Buyer not being in default, Buyer will be entitled to pursue all remedies provided under Texas law, save and except specific performance.
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.
11.2. This clause 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
11.2.1. any breach of a Supply Contract;
11.2.2. any use made or resale of the Goods by the Buyer, or of any product incorporating any of the Goods; and
11.2.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement.
11.3. Nothing in the agreement shall limit or exclude the liability of either party for:
11.3.1. death or personal injury resulting from negligence; or
11.3.2. fraud or fraudulent misrepresentation; or
11.3.3. payment of sums correctly invoiced under the agreement together with all interest charged on such sums in the event of non payment; or
11.3.4. breach of the terms implied by section 12 of the Sale of Goods Act 1979.
11.4. Without prejudice to clause 11.3, the Supplier shall not be liable to the Buyer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:
11.4.1. loss of profit; or
11.4.2. loss of goodwill; or
11.4.3. loss of business; or
11.4.4. loss of business opportunity; or
11.4.5. loss of anticipated saving; or
11.4.6. loss or corruption of data or information; or
11.4.7. special, indirect or consequential damage suffered by the other party that arises under or in connection with the agreement.
11.5. Without prejudice to clause 11.3, the Supplier’s total liability arising under or in connection with any Supply Contract, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to £1,500,000.
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. Seller agree that the Assets are unique and ----------------- not otherwise readily available to Buyer. Accordingly, Seller acknowledges that, in addition to an other remedies to which Buyer is entitled, Buyer shall have the right to enforce the terms of this Agreement by a decree of specific performance, provided Buyer is not in material default hereunder.
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.
Remedies of Buyer. Upon the occurrence of an Event of Default by the TJPA, Buyer may, at its sole option and upon written notice to the TJPA following the termination of any applicable cure period under this Agreement, terminate this Agreement and, as provided in Section 2.4, receive reimbursement of the Good Faith Deposit. Upon any such termination, neither party shall have any further rights or obligations to the other under this Agreement except those expressly stated to survive termination of this Agreement. The remedies described in this Section 10.4 shall be the sole remedies for any Event of Default by the TJPA. No member, official, agent or employee of the TJPA, OCII, the City, or the State will be personally liable to Buyer, or any successor in interest, in an Event of Default by the TJPA or for any amount that may become due to Buyer or any assignee or successor or on any obligations under the terms of this Agreement.
