Common use of SELLER'S LIQUIDATED DAMAGES Clause in Contracts

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated because of Buyer's material breach of this Agreement, and all other conditions to Closing are at such time satisfied or waived (other than such conditions as can readily be satisfied by Closing), then the Letter of Credit shall be delivered to Sellers, and the proceeds from a draw on the Letter of Credit shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyer's and Sellers' reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Sellers against Buyer for failing to consummate this Agreement as a result of Buyer's material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by Sellers.

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated because of Buyer's material breach of this Agreement, and all other conditions to Closing are at such time satisfied or waived (other than such conditions as can readily reasonably be satisfied by Closing), then the Letter of Credit Escrow Deposit shall be delivered to SellersSeller, and the proceeds from a draw on the Letter of Credit thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyer's and Sellers' Seller's reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Sellers Seller against Buyer for failing to consummate this Agreement as a result of Buyer's material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by SellersSeller.

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated because of Buyer's Buyers' material breach of this Agreement, and all other conditions to Closing are at such time satisfied or waived (other than such conditions as can readily reasonably be satisfied by Closing), then the Letter of Credit Escrow Deposit shall be delivered to SellersSeller, and the proceeds from a draw on the Letter of Credit thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents BuyerBuyers' and Seller's and Sellers' reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Sellers Seller against Buyer Buyers for failing to consummate this Agreement as a result of Buyer's Buyers' material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by SellersSeller.

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated solely because of Buyer's Buyers' material breach of this Agreement, and all other conditions to Closing are at such time satisfied or waived (other than such conditions as can readily reasonably be satisfied by Closing), then the Letter of Credit Escrow Deposit shall be delivered to SellersSeller, and the proceeds from a draw on the Letter of Credit thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents BuyerBuyers' and Seller's and Sellers' reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Sellers Seller against Buyer Buyers for failing to consummate this Agreement as a result of Buyer's Buyers' material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by SellersSeller.

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated because of Buyer's material breach of this Agreement, and all other conditions to Closing are at such time satisfied or waived (other than such conditions as can readily reasonably be satisfied by Closing), then the Letter of Credit Escrow Deposit shall be delivered to SellersSeller, and the proceeds from a draw on the Letter of Credit thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyer's and Sellers' Seller's reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Sellers Seller against Buyer for failing to consummate this Agreement as a result of Buyer's material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by Sellers.Seller. -33- 34