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 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 reasonably be satisfied by Closing), then the Escrow Deposit shall be delivered to Seller, and the proceeds thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyers' and 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 Seller against Buyers for failing to consummate this Agreement as a result of Buyers' material breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by Seller. The receipt of such amount, however, shall not affect the right of Seller to enforce specific provisions of this Agreement relating to confidentiality in equity and to recover, to the extent allowed, costs and expenses incurred in such enforcement Notwithstanding the foregoing, Seller shall be entitled to recover its reasonable attorneys fees and costs of collection and enforcement of the Deposit Escrow Agreement from the Buyers in addition to the Escrow Deposit.

SELLER'S LIQUIDATED DAMAGES. As more fully described in If the Deposit Escrow Agreement, in the event parties hereto shall fail to consummate this Agreement is terminated because of Buyers' on the Closing Date due solely to Buyer's material breach of this Agreement, and all other conditions to Closing are Seller is not at such that time satisfied or waived (other than such conditions as can reasonably be satisfied by Closing)in material breach hereof, then Seller shall be entitled to retain the Escrow Deposit shall be delivered to SellerDeposit, and the proceeds thereof plus interest, which amount shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyers' Buyer's and 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 Seller against Buyers Buyer for failing to consummate this Agreement as a result of Buyers' Buyer's material breach hereof, hereof and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by Seller. The receipt In the event of such amount, however, shall not affect a default by Buyer which results in the right filing of Seller a lawsuit to enforce specific provisions of this Agreement relating to confidentiality in equity and to recover, to recover the extent allowed, costs and expenses incurred in such enforcement Notwithstanding the foregoingEscrow Deposit as liquidated damages, Seller shall be entitled to recover its reimbursement by Buyer of reasonable attorneys legal fees and costs of collection and enforcement of the Deposit Escrow Agreement from the Buyers expenses incurred by Seller; provided that Seller prevails in addition to the Escrow Depositsuch lawsuit.

SELLER'S LIQUIDATED DAMAGES. As more fully described in the Deposit Escrow Agreement, in the event this Agreement is terminated because of Buyers' 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 reasonably be satisfied by Closing), then the Escrow Deposit shall be delivered to Seller, and the proceeds thereof shall constitute liquidated damages. It is understood and agreed that such liquidated damages amount represents Buyers' Buyer's and 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 Seller against Buyers Buyer for failing to consummate this Agreement as a result of Buyers' 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 Seller. The receipt of such amountprovision for liquidated damages contained herein, however, shall not affect limit the right of damages which Seller to enforce specific provisions of this Agreement relating to confidentiality in equity and to recover, to the extent allowed, costs and expenses incurred in such enforcement Notwithstanding the foregoing, Seller shall may be entitled to recover its reasonable attorneys fees and costs of collection and enforcement from Buyer for Buyer's breach of the Deposit Escrow Agreement from the Buyers in addition to the Escrow DepositTime Brokerage Agreement.