Remedies of Seller. In the event Seller is the non-breaching party, as Seller’s sole and exclusive remedy, Seller may elect to terminate this Agreement and the Escrow by giving Buyer written notice describing Buyer’s default and setting forth Seller’s election to immediately terminate this Agreement and the Escrow. In the event Seller elects to terminate this Agreement and the Escrow pursuant to this Section 8.6(b), the sole and exclusive remedy of Seller for Buyer’s failure to Close the purchase of the Property shall be to receive the amount specified as liquidated damages pursuant to Section 8.6(c) hereof, provided that nothing herein shall limit the indemnity, repair and other obligations of Buyer pursuant to Section 4.1 under this Agreement and the Transaction Documents.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)
Remedies of Seller. In the event Seller is the non-breaching partyParty, as Seller’s 's sole and exclusive remedy, Seller may elect to terminate this Agreement and the Escrow by giving Buyer written notice prior to the Closing describing Buyer’s 's default and setting forth Seller’s 's election to immediately terminate this Agreement and the Escrow. In the event Seller elects to terminate this Agreement and the Escrow pursuant to this Section 8.6(b), the sole and exclusive remedy of Seller for Buyer’s 's failure to Close the purchase of the Property shall be to receive the amount specified as liquidated damages pursuant to Section 8.6(c) hereof, ; provided that nothing herein shall limit the indemnity, repair and other obligations of Buyer pursuant to Section 4.1 4.1, Section 4.4 and Article 13 under this Agreement and the Transaction Documentsand/or Seller's remedies upon any breach by Buyer of said obligations.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)
Remedies of Seller. In the event Seller is the non-breaching party, as Seller’s sole and exclusive remedy, Seller may elect to terminate this Agreement and the Escrow by giving Buyer written notice describing Buyer’s default and setting forth Seller’s election to immediately terminate this Agreement and the Escrow. ; provided, however nothing contained herein shall limit Seller’s remedies or Buyer’s liability with respect to Buyer’s obligations under Section 4.1(d) of this Agreement, In the event Seller elects to terminate this Agreement and the Escrow pursuant to this Section 8.6(b), the sole and exclusive remedy of Seller for Buyer’s failure to Close the purchase of the Property shall be to receive the amount specified as liquidated damages pursuant to Section 8.6(c) hereof, provided that nothing herein shall limit the indemnity, repair and other obligations of Buyer pursuant to Section 4.1 under this Agreement and the Transaction Documents.
Appears in 1 contract