Common use of Seller Defaults Clause in Contracts

Seller Defaults. If Seller shall default hereunder prior to Closing, Purchaser shall be entitled as its sole remedies to either (i) terminate this Agreement and obtain a refund of all of the Xxxxxxx Money (including the Non-Refundable Amount) and reimbursement of its actual out-of-pocket costs incurred in connection with this Agreement in an amount not to exceed Seventy-Five Thousand Dollars ($75,000.00); or (ii) to xxx for specific performance of this Agreement; and Purchaser waives any other rights or remedies at law or equity. Seller shall have no liability after Closing for the breach of any representations, warranties or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches exceeds $50,000 in the aggregate, and in no event shall Seller's liability after Closing for a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches exceed two percent (2%) of the Purchase Price in the aggregate. The foregoing cap, however, shall in no event be applicable to Seller's obligations with respect to prorations, the payment of commissions or the obligations to complete the Outstanding TI Work. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunder.

Seller Defaults. If Seller In the event that Seller, on or prior to the Closing Date, shall default hereunder prior to Closingin the performance of its obligations hereunder, Purchaser shall be entitled Buyer, as its sole remedies to and exclusive remedy, may either (ia) seek specific performance of Seller’s obligations hereunder, or (b) terminate this Agreement and obtain receive a refund of all of the Xxxxxxx Money Money, together with reimbursement by Seller of up to Seventy Five Thousand and no/100 Dollars (including the Non-Refundable Amount$75,000.00) and reimbursement of its actual Buyer’s reasonable out-of-pocket costs and expenses actually incurred in connection with the transaction contemplated by this Agreement Agreement, including, without limitation, legal fees and expenses, loan fees, rate lock fees, deposits, third party inspection costs and travel expenses actually incurred in an amount not connection with the transaction contemplated by this Agreement, whereupon neither party shall have any further obligation to exceed Seventy-Five Thousand Dollars ($75,000.00); the other party hereunder except for the Termination Surviving Obligations. Notwithstanding the foregoing to the contrary, if Buyer elects to pursue the equitable remedy of specific performance, and, due to the wrongful or (ii) to xxx for intentional act of Seller, the equitable remedy of specific performance of this Agreement; and Purchaser waives is not available, Buyer may seek any other rights right or remedies remedy available at law or equityin equity except as otherwise limited by this Agreement. Further, notwithstanding anything to the contrary in this Agreement, Seller shall have no liability after Closing not be liable to Buyer for the breach of any representationsdamages, warranties including, without limitation, any direct, punitive, speculative or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches exceeds $50,000 in the aggregate, and in no event shall Seller's liability after Closing for a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches exceed two percent (2%) of the Purchase Price in the aggregateconsequential damages. The foregoing cap, however, provisions of this Section shall in no event be applicable not limit Buyer’s or Seller’s right to Seller's obligations pursue and recover on a claim with respect to prorations, any of the payment of commissions or the obligations to complete the Outstanding TI Work. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunderTermination Surviving Obligations.

Seller Defaults. If Seller In the event that Seller, on or prior to the Closing Date, shall default hereunder prior to Closingin the performance of its obligations hereunder, Purchaser, as its sole and exclusive remedy, may either (a) seek specific performance of Seller’s obligations hereunder, provided that any suit for specific performance must be brought within sixty (60) days after Seller’s default, failing which, Purchaser shall be entitled as deemed to have waived its sole remedies right to either specific performance to the maximum extent permitted by law, or (b) terminate this Agreement, in which case (i) terminate this Agreement and obtain Purchaser shall receive a refund of all of the Xxxxxxx Money (including the NonTermination Amount), (ii) Seller shall reimburse Purchaser for Purchaser's reasonable and actual third-Refundable Amount) and reimbursement of its actual out-of-pocket party costs incurred in connection with this Agreement in an amount not to exceed Seventy-Five One Hundred Thousand Dollars ($75,000.00); or 100,000) upon receipt of an invoice and reasonable supporting documentation, and (iiiii) neither party shall have any further obligation to xxx for specific performance the other party hereunder. The provisions of this Agreement; Section shall not limit Purchaser’s or Seller's right to pursue and recover on a claim with respect to any of the Termination Surviving Obligations. Purchaser hereby waives any other rights or remedies at law including the right to seek money damages. This Agreement confers no present right, title or equity. Seller shall have no liability after Closing for the breach of any representations, warranties or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches exceeds $50,000 interest in the aggregateProperty to Purchaser, and Purchaser agrees not to file a lis pendens or other similar notice against the Property at any time or for any reason, except only in no event shall Seller's liability connection with, and after Closing the filing of, a suit for a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches exceed two percent (2%) of the Purchase Price in the aggregate. The foregoing cap, however, shall in no event be applicable to Seller's obligations with respect to prorations, the payment of commissions or the obligations to complete the Outstanding TI Work. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunderspecific performance.

Seller Defaults. If Seller In the event that Seller, on or prior to the Closing Date, shall default hereunder prior to Closingin the performance of its obligations hereunder, Purchaser shall be entitled Buyer, as its sole remedies to and exclusive remedy, may either (ia) seek specific performance of Seller’s obligations hereunder, or (b) terminate this Agreement and obtain receive a refund of all the Exxxxxx Money, together with reimbursement by Seller of the Xxxxxxx Money up to Seventy Five Thousand and no/100 Dollars (including the Non-Refundable Amount$75,000.00) and reimbursement of its actual Buyer’s reasonable out-of-pocket costs and expenses actually incurred in connection with the transaction contemplated by this Agreement Agreement, including, without limitation, legal fees and expenses, loan fees, rate lock fees, deposits, third party inspection costs and travel expenses actually incurred in an amount not connection with the transaction contemplated by this Agreement, whereupon neither party shall have any further obligation to exceed Seventy-Five Thousand Dollars ($75,000.00); the other party hereunder except for the Termination Surviving Obligations. Notwithstanding the foregoing to the contrary, if Buyer elects to pursue the equitable remedy of specific performance, and, due to the wrongful or (ii) to xxx for intentional act of Seller, the equitable remedy of specific performance of this Agreement; and Purchaser waives is not available, Buyer may seek any other rights right or remedies remedy available at law or equityin equity except as otherwise limited by this Agreement. Further, notwithstanding anything to the contrary in this Agreement, Seller shall have no liability after Closing not be liable to Buyer for the breach of any representationsdamages, warranties including, without limitation, any direct, punitive, speculative or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches exceeds $50,000 in the aggregate, and in no event shall Seller's liability after Closing for a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches exceed two percent (2%) of the Purchase Price in the aggregateconsequential damages. The foregoing cap, however, provisions of this Section shall in no event be applicable not limit Buyer’s or Seller’s right to Seller's obligations pursue and recover on a claim with respect to prorations, any of the payment of commissions or the obligations to complete the Outstanding TI Work. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunderTermination Surviving Obligations.

Seller Defaults. If Seller In the event that Seller, on or prior to the Closing Date, shall default hereunder prior to Closingin the performance of its obligations hereunder, Purchaser shall be entitled Buyer, as its sole remedies to and exclusive remedy, may either (ia) seek specific performance of Seller’s obligations hereunder, (b) terminate this Agreement and obtain receive a refund of all the Exxxxxx Money, along with reimbursement by Seller of the Xxxxxxx Money up to One Hundred Thousand Dollars (including the Non-Refundable Amount$100,000) and reimbursement of its actual Buyer's reasonable out-of-of pocket costs and expenses actually incurred in connection with the transaction contemplated by this Agreement in an amount not Agreement, including, without limitation, legal fees and expenses, loan fees, rate-lock fees, deposits, third party inspection costs and travel expenses, whereupon neither party shall have any further obligation to exceed Seventy-Five Thousand Dollars ($75,000.00); the other party hereunder except for the Termination Surviving Obligations. Notwithstanding the foregoing to the contrary, if Buyer elects to pursue the equitable remedy of specific performance, and, due to the wrongful or (ii) to xxx for intentional act of Seller, the equitable remedy of specific performance of this Agreementis not available; and Purchaser waives Buyer may seek any other rights right or remedies remedy available at law or equityin equity except as otherwise limited by this Agreement. Further, notwithstanding anything to the contrary in this Agreement, Seller shall have no liability after Closing not be liable to Buyer for the breach any damages, including, without limitation, any direct, punitive, speculative or consequential damages. The provisions of any representations, warranties this Section shall not limit Buyer's or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches exceeds $50,000 in the aggregate, and in no event shall Seller's liability after Closing for right to pursue and recover on a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches exceed two percent (2%) of the Purchase Price in the aggregate. The foregoing cap, however, shall in no event be applicable to Seller's obligations claim with respect to prorations, any of the payment of commissions or the obligations to complete the Outstanding TI Work. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunderTermination Surviving Obligations.

Seller Defaults. If Seller shall default hereunder prior to Closing, Purchaser shall be entitled as its sole remedies to either (i) terminate this Agreement and obtain a refund of all of the Xxxxxxx Money (including the Non-Refundable Amount) and reimbursement of its actual out-of-pocket costs incurred in connection with this Agreement in an amount not to exceed Seventy-Five Thousand Dollars ($75,000.00)200,000; or (ii) to xxx for specific performance of this Agreement; and Purchaser waives any other rights or remedies at law or equity. Seller shall have no liability after Closing for the breach of any representations, warranties or covenants set forth in this Agreement and any closing documents delivered pursuant hereto except to the extent the loss suffered by Purchaser as a result of such breaches breach exceeds $50,000 in the aggregate, and in no event shall Seller's liability after Closing for a breach of Seller's representations, warranties and covenants under this Agreement and any closing documents delivered pursuant hereto as a result of such breaches breach exceed two percent (2%) % of the Purchase Price in the aggregate. The foregoing cap, however, shall in no event be applicable to Seller's obligations with respect to prorations, prorations or the payment of commissions or the obligations applicable to complete the Outstanding TI Workthis Agreement. For six (6) months following the Closing Date, Seller shall maintain access to funds so as to have the ability to satisfy any post-closing obligations that it may have hereunder.