Seller Remedies. Seller must notify Buyer no longer than five (5) calendar days after receiving Buyer’s notice of Title Objections under Section
Seller Remedies. (a) RESERVED
Seller Remedies. The provisions of Article XXVI hereof notwithstanding, if an Event of Purchaser Default shall have occurred and be continuing, Seller shall have the right to terminate this Agreement by delivery of a Notice of termination to Purchaser, in addition to any rights and remedies that may be available at law or in equity. In the event of Purchaser Default under Section 17.5(d) based upon an action or proceeding instituted against Purchaser, such Notice of termination by Seller shall not be given until sixty (60) Days after such filing. ARTICLE XVIII. FORCE MAJEUREARTICLE XVIII. FORCE MAJEURE 18.1 Failure to Perform Due to an Event of Force Majeure18.1 Failure to Perform Due to an Event of Force Majeure. Subject to the terms of this Article XVIII, either party shall be excused from performance and shall not be considered to be in default with respect to any obligation hereunder, to the extent its failure of performance is due to an Event of Force Majeure. 18.2 Events of Force Majeure18.2 Events of Force Majeure. Events of Force Majeure shall be limited to the circumstances set forth in clause 18.4 but only if, and to the extent: (i) such circumstance is not within the reasonable control of the Affected Party; (ii) such circumstance, despite the exercise of reasonable diligence, can not be prevented, avoided or removed by the Affected Party; (iii) such event materially adversely affects (in cost and/or time) the ability of the Affected Party to fulfill its obligations under the Agreement; (iv) the Affected Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Affected Party's ability to fulfill its obligations under the Agreement and to mitigate the consequences thereof; (v) that such event is deemed as a Event of Force Majeure under any related project document(s); and (vi) such event is not the result of any failure of the Affected Party to perform any of its obligations under the Agreement, provided however that each such circumstance invoked by a party as affecting its ability to perform shall be an Event of Force Majeure if such party has acted in a reasonable and prudent manner. 18.3 Notice of Force Majeure18.3
Seller Remedies. In the event Purchaser defaults in any of its obligations under this Agreement and fails to cure such default within fifteen (15) days after written notice of such default from Seller, then Seller's sole and exclusive remedy shall be to cause the Escrowee to deliver the Earnest Money, together with all xxxxxxxt earned thereon, to Seller, the amount thereof being fixed and liquidated damages, it being understood that Seller's actual damages in the event of such default are difficult to ascertain and that such proceeds represent the parties' best current estimate of such damages. Notwithstanding the foregoing, the other provisions of this Agreement shall in no manner limit or restrict Purchaser's indemnity obligations and liabilities under this Agreement, including, without limitation, its obligations under Sections 7, 11H, 17G, 18 and 29 hereof.
Seller Remedies. (a) Upon the occurrence and during the continuance of an Event of Default where Buyer is the Defaulting Party (a “Buyer Event of Default”), Seller shall have the right to (i) obtain from Buyer, and Buyer shall pay, a Termination Payment to Seller, and (ii) pursue any and all additional claims against Buyer in accordance with Section 9.3subsection (b). ) below, but only to the extent permitted by the law concerning sovereign immunity. In the event any Buyer Event of Default remains uncured following any applicable notice and cure period, Seller shall have the right to provide Buyer with written notice of its intent to Terminate any Agreement and Terminate such Agreement forty-five (45) days after Buyer’s receipt of such notice; provided that, for Terminations relating to payment of amounts owed by Xxxxx, Seller may Terminate forty-five (45) days after Xxxxx’s receipt of such notice.
Seller Remedies. Xxxxx’s failure to timely settle any bill shall, at Seller’s sole option, release the Seller from the obligation to make further deliveries to Buyer. If Buyer shall fail to accept delivery of conforming Goods or otherwise be in default, Seller may declare the full amount due and payable without notice or demand, and, as remedy for such breach, repossess the Goods and/or retain any monies paid by Xxxxx. Remedies provided herein in favor of Seller shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies of Seller at law or in equity.
Seller Remedies. (a) Upon the occurrence and during the continuance of an Event of Default where Buyer is the Defaulting Party (a “Buyer Event of Default”), Seller shall have the right to (i) obtain from Buyer, and Buyer shall pay, a Termination Payment to Seller, and (ii) pursue any and all additional claims against Buyer in accordance with Section 9.3(b). In the event any Buyer Event of Default remains uncured following any applicable notice and cure period, Seller shall have the right to provide Buyer with written notice of its intent to Terminate any Agreement and Terminate such Agreement forty-five (45) days after Buyer’s receipt of such notice; provided that, for Terminations relating to payment of amounts owed by Buyer, Seller may Terminate forty-five (45) days after Buyer’s receipt of such notice.
Seller Remedies. Upon the failure by Purchaser to fulfill any undertaking or commitment provided for herein on the part of Purchaser that is required to be fulfilled on or prior to the Closing Date, each Seller, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
Seller Remedies. In the event of any Purchaser Default, Seller, as its sole and exclusive remedy, may terminate this Agreement by giving written notice to Purchaser, in which event the Deposit shall be delivered by the Title Company to Seller, as liquidated damages and in satisfaction of all of Seller’s costs and expenses incurred in reliance on this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall Purchaser be liable to Seller for any consequential, indirect, speculative or punitive damages under this Agreement.
Seller Remedies. Upon the failure by Purchaser to fulfill any undertaking or commitment provided for herein on the part of Purchaser that is required to be fulfilled on or CONFIDENTIAL TREATMENT REQUESTED FOR PORTIONS OF THIS DOCUMENT. PORTIONS FOR WHICH CONFIDENTIAL TREATMENT IS REQUESTED ARE DENOTED BY [CONFIDENTIAL TREATMENT REQUESTED]. MATERIAL OMITTED HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. prior to the Closing Date, each Seller, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any rights or remedies available at law or in equity.
