Remedies of Purchaser. Seller agrees that the Assets are unique and not otherwise readily available to Purchaser. Accordingly, Seller acknowledges that, in addition to all other remedies to which Purchaser are entitled, Purchaser shall have the right to enforce the terms of this Agreement by a decree of specific performance, provided Purchaser is not in material default hereunder.
Remedies of Purchaser. In the event that all conditions to Seller's obligation to close have been satisfied and Seller fails to close the sale of the Property in accordance with its obligations under the terms and conditions specified hereunder, Purchaser, at its sole discretion, either may (i) specifically enforce this Agreement and the sale and purchase provided for herein according to its terms by suit filed within ninety (90) days, or (ii) terminate this Agreement, whereupon the Earnest Money Deposix xxxxx be returned in full to Purchaser.
Remedies of Purchaser. If Seller is unable to furnish Purchaser the Title Commitment pursuant to Subparagraph 6(a) or the Owner Policy in the manner provided at Subparagraph 6(d), then, at Purchaser's sole discretion, Purchaser may terminate this Agreement and receive an immediate return of the Earnest Money Deposix, xxx the parties shall have no further obligation to each other, except as is expressly provided herein.
Remedies of Purchaser. In the event that Seller fails to keep and perform each and every obligation, covenant and agreement herein by Seller to be kept or per- formed, then Purchaser may pursue such rights it may have against Seller and the Property either at law or in equity.
Remedies of Purchaser. In the event that Seller fails to keep and perform each and every obligation, covenant and agreement herein by seller to be kept or performed, then Purchaser may pursue such rights it may have against Seller and the Property either at law or in equity. (b) Remedy of Seller. THE PARTIES HERETO, BEFORE ENTERING INTO THIS TRANSACTION, HAVE BEEN CONCERNED WITH THE FACT THAT SUBSTANTIAL DAMAGES WILL BE SUFFERED BY SELLER IF PURCHASER SHOULD WRONGFULLY FAIL TO PURCHASE THE PROPERTY. WITH THE FLUCTUATION IN VALUE OF REAL PROPERTY, THE CURRENT AND HIGHLY UNPREDICTABLE STATE OF THE ECONOMY, THE FLUCTUATING MONEY MARKET FOR REAL ESTATE LOANS OF ALL TYPES, AND OTHER FACTORS THAT DIRECTLY AFFECT THE VALUE AND MARKETABILITY OF THE PROPERTY, IT IS REALIZED BY THE PARTIES THAT IT WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE, IF NOT IMPOSSIBLE, TO ASCERTAIN WITH ANY DEGREE OF CERTAINTY PRIOR TO SIGNING THIS AGREEMENT THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY SELLER IN THE EVENT OF PURCHASER'S WRONGFUL FAILURE TO PURCHASE PROPERTY. THE PARTIES, HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL COMPENSATORY DAMAGES SELLER WOULD SUFFER IN THE EVENT OF PURCHASER'S WRONGFUL FAILURE TO PURCHASE THE PROPERTY, HEREBY AGREE THAT THE REASONABLE ESTIMATE OF SAID DAMAGES IS AN AMOUNT EQUAL TO THE DEPOSIT; AND IN THE EVENT OF PURCHASER'S WRONGFUL FAILURE TO PURCHASE THE PROPERTY, SELLER SHALL BE ENTITLED TO SUCH AMOUNT AS FULL LIQUIDATED DAMAGES, AND THAT PAYMENT OR TENDER TO SELLER BY PURCHASER OF SUCH AMOUNT SHALL TERMINATE ALL OF SELLER'S RIGHTS AND REMEDIES AT LAW OR IN EQUITY AGAINST PURCHASER WITH RESPECT TO SUCH FAILURE TO PERFORM. /s/ JPS /s/ RSZ Seller's Initials Purchaser's Initials 11. Closing Procedure. (a) At least one business day prior to the Closing Date, Purchaser shall have delivered to Escrow Agent counterpart executed originals of the following documents and the following sums of money required to be delivered by Purchaser hereunder: (i) The Purchase Price in the manner set forth in Paragraph 2(a); (ii) Such funds as may be necessary to comply with Purchaser's obligations hereunder regarding prorations, costs and expenses; and (iii) A signed counterpart of the Tenant Lease Assignment, and a signed counterpart of the Bill of Sale, each defined below. (b) Xx least one business day prior to the date of Closing, Seller shall have delivered to Buyer Escrow Agent, as applicable, counterpart executed originals (except with respect to items (v)...
Remedies of Purchaser. If an Event of Default by SELLER, shall have occurred and shall not have been remedied within any applicable grace period as provided in Section 12.3.3, PURCHASER may, after giving thirty (30) days written notice thereof to SELLER, and upon the expiration of such notice period and SELLER’s failure to cure such Event of Default, at its option, (i) terminate this Agreement, in which case this Agreement shall be deemed terminated, the Deposit refunded to PURCHASER, and neither party shall have any further obligations hereunder (except such obligations which survive the expiration or termination of this Agreement as expressly provided hereunder), or (ii) subject to Section 12.6 below, enforce the obligations of SELLER hereunder by legal or equitable action, including by action for specific performance.
Remedies of Purchaser. Each of the Seller and the ------------ --------------------- Partners agree that the Assets are unique and not otherwise readily available to Purchaser. Accordingly, Seller acknowledges that, in addition to all other remedies to which Purchaser is entitled, Purchaser shall have the right to enforce the terms of this Agreement by a decree of specific performance, provided Purchaser is not in material default hereunder.
Remedies of Purchaser. If Seller defaults under this Agreement, Purchaser may either bring an action for the specific performance of this Agreement or, in the alternative, cancel this Agreement.
Remedies of Purchaser. Seller agrees that the Assets are unique and not otherwise readily available to Purchaser. Accordingly, Seller acknowledges that, in addition to all other remedies to which Purchaser is entitled, Purchaser shall have the right to enforce the terms of this Agreement by a decree of specific performance, provided Purchaser is not in material default hereunder. The parties also agree that the rights and remedies of each party to this Agreement set forth in this Agreement and in all of the exhibits and schedules attached hereto and documents referred to herein shall be cumulative and shall inure to the benefit of each such party.
Remedies of Purchaser. In the event of Seller's default under this Agreement, Purchaser agrees to provide Seller with written notice of such default specifying the nature of such default. Seller shall have ten (10) days from the date of receipt of said notice to cure such default. In the event Seller does not cure such default within such 10-day period, Purchaser's sole remedies shall be to obtain specific performance of Seller's obligations under this Agreement or to terminate this Agreement, in which event Seller shall refund the Earnxxx Xxxey, this Agreement shall terminate and the parties hereto shall have no further rights or obligations hereunder except for any rights or obligations hereunder which, by their terms, survive any termination of this Agreement. No other remedy shall be available for Seller's breach of this Agreement.
