Seller’s Remedy. If all of the conditions to Purchaser's obligation to purchase the Property have been fulfilled or waived in writing by Seller and if Purchaser defaults in performing under this Agreement, and such default is for any other reason than Seller's default, Seller shall be entitled to payment of the Xxxxxxx Money and interest thereon, not as a penalty, but for full liquidation of damages, the parties declaring and agreeing that actual damages are impossible to ascertain and that such is and represents a reasonable forecast and settlement of such damages of Seller, reached after negotiation between the parties. The parties agree that the sum stated above is liquidated damages and shall be in lieu of any other relief to which the Seller might otherwise be entitled by virtue of this Agreement or by operation of law or otherwise, and shall represent Seller's sole and exclusive remedy for such breach by Purchaser.
Appears in 2 contracts
Samples: Real Estate Sale and Purchase Agreement (Rainwire Partners Inc /De/), Real Estate Sale and Purchase Agreement (Rainwire Partners Inc /De/)
Seller’s Remedy. If all of the conditions to Purchaser's obligation to purchase the Property have been fulfilled or waived in writing by Seller and if Purchaser defaults in performing under this Agreement, and such default is for any other reason than Seller's default, Seller shall be entitled to payment of the Xxxxxxx Earnest Money and interest thereon, not as a penalty, but for full liquidation lxxxxxxxion of damages, the parties declaring and agreeing that actual damages are impossible to ascertain and that such is and represents a reasonable forecast and settlement of such damages of Seller, reached after negotiation between the parties. The parties agree that the sum stated above is liquidated damages and shall be in lieu of any other relief to which the Seller might otherwise be entitled by virtue of this Agreement or by operation of law or otherwise, and shall represent Seller's sole and exclusive remedy for such breach by Purchaser.
Appears in 1 contract
Samples: Real Estate Sale and Purchase Agreement (Rainwire Partners Inc /De/)
Seller’s Remedy. If all of the conditions to Purchaser's obligation to purchase the Property have been fulfilled or waived in writing by Seller and if Purchaser defaults in performing under this Agreement, and such default is for any other reason than Seller's default, Seller shall be entitled to payment of the Xxxxxxx Earnest Money and interest thereon, not as a penalty, but for full liquidation lixxxxxxxon of damages, the parties declaring and agreeing that actual damages are impossible to ascertain and that such is and represents a reasonable forecast and settlement of such damages of Seller, reached after negotiation between the parties. The parties agree that the sum stated above is liquidated damages and shall be in lieu of any other relief to which the Seller might otherwise be entitled by virtue of this Agreement or by operation of law or otherwise, and shall represent Seller's sole and exclusive remedy for such breach by Purchaser.
Appears in 1 contract
Samples: Real Estate Sale and Purchase Agreement (Rainwire Partners Inc /De/)
Seller’s Remedy. If all of the conditions to Purchaser's obligation to purchase the Property have been fulfilled or waived in writing by Seller and if Purchaser defaults in performing under this Agreement, and such default is for any other reason than Seller's default, Seller shall be entitled to payment of the Xxxxxxx Earnest Money and interest thereon, not as a penalty, but for as full liquidation of lixxxxxxxd damages, the parties declaring and agreeing that actual damages are impossible to ascertain and that such is and represents a reasonable forecast and settlement of such damages of Seller, reached after negotiation between the parties. The parties agree that the sum stated above is liquidated damages and shall be in lieu of any other relief to which the Seller might otherwise be entitled by virtue of this Agreement or by operation of law or otherwise, and shall represent Seller's sole and exclusive remedy for such breach by Purchaser.
Appears in 1 contract
Samples: Real Estate Sale and Purchase Agreement (Rainwire Partners Inc /De/)