Common use of Remedies of Buyer Clause in Contracts

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. 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 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. 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 Xxxxx not being in default, Buyer Xxxxx will be entitled to pursue all remedies provided under Texas law, save and except specific performance.