Seller’s Breach. If Seller breaches this Agreement, Buyer may, at Buyer's sole option, either: (i) by written notice to Seller and Escrow Agent, cancel this Agreement whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately by Escrow Agent to Buyer and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation hereunder; or, (ii) seek specific performance against Seller in which event XXX shall be automatically extended as necessary. Notwithstanding the foregoing, if specific performance is unavailable as a remedy to Buyer because of Seller's affirmative acts, Buyer shall be entitled to pursue all rights and remedies available at law or in equity.
Appears in 5 contracts
Samples: Purchase Agreement and Escrow Instructions (Cole Credit Property Trust II Inc), Purchase Agreement and Escrow Instructions (Cole Credit Property Trust II Inc), Purchase Agreement (Cole Credit Property Trust II Inc)
Seller’s Breach. If Seller breaches this Agreement, Buyer may, at Buyer's sole option, either: (i) by written notice to Seller and Escrow Agent, cancel this Agreement whereupon the Xxxxxxx Earnest Money Deposit plus interest shall be paid immediately by Escrow Agent Escxxx Xxxnt to Buyer and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation hereunder; or, (ii) seek specific performance against Seller in which event XXX COE shall be automatically extended as necessary. Notwithstanding the foregoingthx xoregoing, if specific performance is unavailable as a remedy to Buyer because of Seller's affirmative acts, Buyer shall be entitled to pursue all rights and remedies available at law or in equity.
Appears in 4 contracts
Samples: Purchase Agreement (Cole Credit Property Trust II Inc), Purchase Agreement (Cole Credit Property Trust II Inc), Purchase Agreement and Escrow Instructions (Cole Credit Property Trust II Inc)
