Remedies Of Injured Party. If a Party (hereinafter referred to as "the Defaulting Party") fails to comply with any of the terms and conditions of this Agreement such that Closing does not occur, the other Party (hereinafter referred to as "the Injured Party") may, by notice to the Defaulting Party, elect to: treat this Agreement as terminated by reason of the non-fulfillment of the Defaulting Party's obligations and, if the Injured Party so decides, pursue a claim for damages; or continue to treat the Agreement as binding and enforceable, pending resolution of the default by agreement of the Parties or by a court of competent jurisdiction. However, the Injured Party shall be deemed to be treating the Agreement as binding and enforceable, unless and until it specifically elects in writing to pursue the alternative in Paragraph (a) of this Clause.
Appears in 4 contracts
Samples: Rescission Agreement (Capital Reserve Canada LTD), Rescission Agreement (Terra Nostra Technology LTD), Asset Purchase Agreement (Terra Nostra Resources LTD)
Remedies Of Injured Party. If a Party (hereinafter referred to as "“the Defaulting Party"”) fails to comply with any of the terms and conditions of this Agreement such that Closing does not occur, the other Party (hereinafter referred to as "“the Injured Party"”) may, by notice to the Defaulting Party, elect to: :
(a) treat this Agreement as terminated by reason of the non-fulfillment of the Defaulting Party's ’s obligations and, if the Injured Party so decides, pursue a claim for damages; or or
(b) continue to treat the Agreement as binding and enforceable, pending resolution of the default by agreement of the Parties or by a court of competent jurisdiction. However, the Injured Party shall be deemed to be treating the Agreement as binding and enforceable, unless and until it specifically elects in writing to pursue the alternative in Paragraph (a) of this Clause.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Capital Reserve Canada LTD), Asset Purchase Agreement (Samoyed Energy Corp), Purchase and Sale Agreement (Samoyed Energy Corp)
Remedies Of Injured Party. If a Party (hereinafter referred to as "the Defaulting Party") fails to comply with any of the terms and conditions of this Agreement such that Closing does not occur, the other Party (hereinafter referred to as "the Injured Party") may, by notice to the Defaulting Party, elect to: :
(a) treat this Agreement as terminated by reason of the non-fulfillment fulfilment of the Defaulting Party's obligations and, if the Injured Party so decides, pursue a claim for damages; or or
(b) continue to treat the Agreement as binding and enforceable, pending resolution of the default by agreement of the Parties or by a court of competent jurisdiction. However, the Injured Party shall be deemed to be treating the Agreement as binding and enforceable, unless and until it specifically elects in writing to pursue the alternative in Paragraph (a) of this Clause.
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