Seller's Default; Purchaser's Remedies a. Seller's Default. Seller shall be deemed to be in default hereunder upon the occurrence of one of the following events: (i) any of Seller's warranties or representations set forth herein shall be untrue in any material respect when made or at Closing; or (ii) Seller shall fail to meet, comply with, or perform any covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement, which, in either of such events, is not cured by Seller within ten (10) days following receipt by Seller of written notice of default from Purchaser.
Seller's Default; Purchaser's Remedies. If, prior to Closing, Seller breaches this Agreement and such default continues for ten (10) days after written notice from Purchaser to Seller thereof (except such notice and cure period shall not apply to a failure to close) then Purchaser shall, as its sole remedy, have the right to either (i) terminate this Agreement by written notice thereof to Seller, in which event Purchaser shall (A) receive a refund of the Deposit, (B) upon Seller’s direction, return or destroy the Property Information, and (C) neither party shall have any further liability under this Agreement except for liability which expressly survives termination as provided herein, or (ii) seek specific performance of Seller’s obligations hereunder and to recover its attorneys’ fees and costs as set forth in paragraph C hereof, except that in the event the remedy of specific performance is not available to Purchaser due to Seller’s fraud, Purchaser shall, in addition to the foregoing remedies, be permitted to pursue any and all rights and remedies available to Purchaser at law or in equity on account of Seller’s breach. Except with respect to a breach of any of Seller’s representations or warranties under Section 11 or in the Deed or other documents delivered by Seller at Closing, or any Surviving Purchaser Claims, Purchaser hereby unconditionally and irrevocably waives, to the greatest extent permitted by law, any claim for monetary damages against Seller arising out of a default by Seller hereunder, which waiver will survive the termination of this Agreement. Notwithstanding anything to the contrary contained herein, in the event Purchaser has not commenced an action for specific performance pursuant to the foregoing subclause (ii) within sixty (60) days after the date of Seller’s default, Purchaser shall be deemed to have waived its right to pursue and obtain specific performance pursuant to such foregoing subclause (ii).
Seller's Default; Purchaser's Remedies. If Seller fails to timely perform any material act, or provide any material document or information required to be provided by Seller, or if any material representation and warranty made by Seller pursuant to this Agreement is untrue when made, then Purchaser shall be entitled to either (i) terminate this Agreement, receive a refund of the Deposit and any interest earned thereon and seek Purchaser’s actual direct and reasonably verifiable third-party expenses arising from Seller’s breach; or (ii) seek specific performance of this Agreement.
Seller's Default; Purchaser's Remedies. (a)Seller's Default. Seller shall be deemed to be in default hereunder upon the occurrence of one of the following events: (i) any of Seller's warranties or representations set forth herein shall be untrue in any respect when made or at Closing; or (ii) Seller shall fail to meet, comply with, or perform any covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement, which, in either of such events, is not cured by Seller within ten (10) days following receipt by Seller of written notice of default from Purchaser, unless such default cannot with due diligence be wholly cured within such period, in which case Seller shall have such longer period as shall be reasonably necessary to cure the default. (b)
Seller's Default; Purchaser's Remedies. (a) Seller's Default. Seller shall be deemed to be in default hereunder ---------------- upon the occurrence of any one or more of the following events: (i) any of Seller's warranties or representations set forth herein shall be untrue in any material aspect when made or at Closing, or (ii) Seller shall fail in any material respect to meet, comply with, or perform any covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement.
Seller's Default; Purchaser's Remedies. (a) Seller’s Default. Seller shall be deemed to be in default hereunder upon the occurrence of the following events: (i) any of Seller’s warranties or representations set forth herein shall be materially untrue when made; or (ii) Seller shall fail to meet, comply with, or perform any material covenant, agreement or obligation on its part required within the time limits and in the manner required in this Agreement and shall fail to cure same within five (5) business days after receipt of written notice from Purchaser (provided that any cure period shall not operate to extend the Closing date).
Seller's Default; Purchaser's Remedies. If Seller breaches any of the covenants and/or agreements which are to be performed by Seller under this Agreement, Purchaser may (i) terminate this Agreement by giving written notice of termination to Seller, which notice need not be accompanied by any other document or consent of any other party hereto, and receive a full and immediate refund of the Property Xxxxxxx Money; or(ii) Purchaser may seek money damages and/or the equitable remedy of specific performance. Any claim for money damages shall be limited to an amount equal to the lesser of $100,000 or the amount of damages proven by Purchaser. These are Purchaser's sole remedies.
Seller's Default; Purchaser's Remedies. If Seller breaches any of the covenants and/or agreements which are to be performed by Seller under this Agreement, Purchaser may terminate this Agreement by giving written notice of termination to Seller, which notice need not be accompanied by any other document or consent of any other party hereto, and receive a full and immediate refund of the Property Xxxxxxx Money or, in the event Seller is at fault, then Purchaser may enforce specific performance of this Agreement or exercise any other remedy provided under applicable law or in equity provided that, any claim for money damages shall be submitted to binding arbitration in the State of New York under the commercial arbitration rules of the American Arbitration Association.
Seller's Default; Purchaser's Remedies. If Seller fails to perform its obligations hereunder within the time provided herein for any reason other than Purchaser’s default, Seller shall be deemed to be in default hereunder. Purchaser shall have the right to all remedies to which it may be entitled under law and shall have the right to enforce this Agreement by specific performance against the Seller.
Seller's Default; Purchaser's Remedies. If Seller fails to sell the Property to Purchaser in accordance with this Agreement, or breaches any of its duties, obligations, representations or warranties contained in this Agreement in any material respect, Purchaser shall be entitled to the following sole and exclusive remedies: (i) terminate this Agreement and receive a refund of the Exxxxxx Money Deposit and Seller shall reimburse Purchaser for Purchaser’s Out of Pocket Expenses, or (ii) to pursue an action for specific performance.
