Common use of Seller’s Default Clause in Contracts

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within 10 business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination. Buyer shall be entitled to all available remedies, at law or in equity, as a result of Seller’s breach. Buyer shall be entitled to all available remedies at law or in equity as a result of Seller’s breach of any releases, covenants, representations, warranties or other terms or provisions hereof which by their express terms survive Closing.

Seller’s Default. In the event Seller breaches this Agreement or is otherwise unable to perform its obligations hereunder prior to Closing, Buyer shall provide written notice thereof to Seller. If Seller fails to cure such default within 10 ten (10) business days, this Agreement, at Buyer’s option, shall terminate upon written notice from Buyer, and this Agreement shall thereafter be deemed null and void. Upon such termination, Buyer shall be entitled to the return of the Xxxxxxx Money (without interest) and liquidated damages equal to Buyer’s reasonable out-of-pocket expenses incurred solely in connection with this Agreement during the period from the Accepted Date through the date of termination. termination Buyer shall be entitled to all available remedies, at law or in equity, as a result of Seller’s breach. Buyer shall be entitled to all available remedies at law or in equity as a result of Seller’s breach of any releases, covenants, representations, warranties or other terms or provisions hereof which by their express terms survive Closing.