Seller’s Damages. The Seller may claim damages for any loss it suffers as a result of the Buyer’s default, including its legal costs on an indemnity basis and the cost of any Work or Expenditure under clause 7.6(3).
Seller’s Damages. If the Closing fails to occur by reason of a breach or default of this Agreement by Buyer, then Seller may terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case Buyer shall be Liable for the cancellation and other charges and expenses as provided for in Section 6.6.5 and the Master Purchase Agreement shall govern the disbursement of the Xxxxxxx Money Deposit as provided therein.
Seller’s Damages. If the Closing fails to occur by reason of a breach or default of this Agreement by Buyer, then Sellers may terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case Buyer shall be Liable for the cancellation and other charges and expenses as provided for in Section 6.6.5 and the Xxxxxxx Money Deposit (plus all accrued interest and any other amounts earned thereon) shall be delivered to Sellers as liquidated damages and not as a penalty. BUYER RECOGNIZES THAT IF THE CLOSING FAILS TO OCCUR BY REASON OF A BREACH OR DEFAULT OF THIS AGREEMENT BY BUYER, SELLERS SHOULD BE ENTITLED TO COMPENSATION FOR THE DETRIMENT CAUSED THEREBY. HOWEVER, BOTH PARTIES AGREE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE EXTENT OF THE DETRIMENT AND TO AVOID SUCH DIFFICULTIES, THE PARTIES AGREE THAT, IF BUYER FAILS TO PURCHASE THE PROPERTIES AND SUCH FAILURE CONSTITUTES A BREACH OF BUYER’S OBLIGATIONS HEREUNDER, SELLERS SHALL BE ENTITLED TO THE XXXXXXX MONEY DEPOSIT AND ANY ACCRUED INTEREST AND ANY OTHER AMOUNTS EARNED THEREON AS LIQUIDATED DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND EXCEPT AS PROVIDED IN SECTION 12.2 BELOW, THE PARTIES AGREE THAT SUCH AMOUNT STATED AS LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER RELIEF TO WHICH SELLERS MIGHT OTHERWISE BE ENTITLED BY VIRTUE OF BUYER’S FAILURE TO PURCHASE THE PROPERTIES IN THE EVENT SUCH FAILURE CONSTITUTES A BREACH OF BUYER’S OBLIGATIONS HEREUNDER. BUYER’S INITIALS:_/s/ EM__ SELLERS INITIALS:_/s/ BM__ __/s/BM___/s/BM _/s/ BM__ __/s/ BM___/s/ BM_
Seller’s Damages. Buyer and seller agree that it is not now possible to anticipate the amount of damages which may be incurred by seller should buyer be unwilling or unable to complete this agreement. Both parties agree that it would be impracticable and extremely difficult to fix the actual damages. The subject real property is land on which considerable rezoning, surveying, and other miscellaneous improvements are anticipated to occur in the near or immediate future. For this reason the parties to this agreement agree that, as the sole remedy of seller for buyer's breach of this agreement, seller shall be entitled to the sum of $_____ as liquidated damages.
Seller’s Damages. 28 16.4 Termination in Event of a Delivery Shortfall by Seller........ 28 16.5 Effect of Article 16.......................................... 28
Seller’s Damages. After the Closing, Seller and Shareholder may pursue any remedies available to them, including injunctive relief or specific performance, with respect to any Damages suffered by Seller or Shareholder in connection with any breach by Buyer of any representations, warranties or covenants of Buyer that survive the Closing as set forth in Section 14.1(C) and (D), provided, however, that Buyer will only be liable to Seller and Shareholder for an aggregate amount up to and not in excess of Five Hundred Thousand dollars ($500,000.00). Any Damages suffered by Seller or Shareholder pursuant to this Section 14.3 may be offset against any Damages suffered by Buyer pursuant to Section 14.2. UNDER NO CIRCUMSTANCES SHALL SELLER'S OR SHAREHOLDER'S DAMAGES INCLUDE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE CONTEMPLATED TRANSACTIONS.
Seller’s Damages. During any period when the requirements of the Damage Triggering Conditions applicable to Buyer are fully satisfied, Seller shall be entitled to collect the following damages from Buyer (in addition to such sums as may continue to be due and payable by Buyer under Article 8 hereof):
(a) An amount equal to the difference between (i) the actual revenues realized by Seller from the sale of Gas in the replacement markets with respect to the quantity of Gas equal to that received by Buyer during such period from other sources, not including Extraneous Gas, not to exceed for any Day the EQ and (ii) the amount which would have been payable as Commodity Charges pursuant to Section 8.1(b) if Buyer had received such quantity of Gas during the month. In addition, Xxxxx shall reimburse Seller for any extra expense not included in the foregoing amount that Seller incurs in disposing of such Gas in the replacement markets, including, but not limited to transportation charges. For purposes of the immediately preceding sentence the term "extra expense" shall mean any such expense of Seller to the extent it exceeds that which would have been incurred by Seller if Buyer had received Gas in the manner provided herein; and
Seller’s Damages. During any period when the requirements of the Damage Triggering Conditions applicable to Buyer are fully satisfied, Seller shall be entitled to collect the following damages from Buyer (in addition to such sums as may continue to be due and payable by Buyer under Article 8 hereof): Buyer shall pay Seller any damages to which Seller is entitled in hereunder on or before the fifteenth (15th) day after Buyer receives a written calculation of the amount of such damages from Seller.
Seller’s Damages. If the Closing fails to occur by reason of a breach or default of this Agreement by Buyer, then Seller may either (a) terminate this Agreement as of the Effective Termination Date as provided in Section 7.2 above, in which case Buyer shall be liable for the cancellation and other charges and expenses as provided for in Section 6.6.2 and all of Seller’s Transaction Costs, or (b) enforce specific performance of the obligations of Buyer here-under; provided, however, that any action by Seller to seek such specific performance must be commenced within thirty (30) calendar days of the occurrence of the alleged default by Buyer; provided further, however, that, except as provided in Section 6.2.2 and except for Seller’s Transaction Costs, in no event whatsoever shall Buyer ever have any Liability (whether in law or equity) for damages as a result of a default by Buyer under this Agreement.
