Termination by Seller. If, prior to Closing, the Purchaser defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), the Seller's sole remedy for such default shall be to terminate this Agreement and receive the Deposit. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives and releases any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit as full and complete liquidated damages and as the Seller's sole remedy.
Appears in 4 contracts
Samples: Purchase Agreement (Humphrey Hospitality Trust Inc), Purchase Agreement (Humphrey Hospitality Trust Inc), Purchase Agreement (Humphrey Hospitality Trust Inc)
Termination by Seller. If, prior to Closing, the Purchaser defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), and the Purchaser fails to cure any such default within ten business days after notice thereof from the Seller, then the Seller's sole remedy for such default shall be to terminate this Agreement and receive retain the Deposit. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives and releases any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit as full and complete liquidated damages and as the Seller's sole remedy.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Innkeepers Usa Trust/Fl), Purchase and Sale Agreement (Innkeepers Usa Trust/Fl)
Termination by Seller. If, prior to Closing, the Purchaser defaults in ---------------------- performing any of its obligations under this Agreement (including its obligation to purchase the Property), the Seller's sole remedy for such default shall be to terminate this Agreement and receive the Deposit, if any. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives waive and releases release any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit Deposit, if any, as full and complete liquidated damages and as the Seller's sole remedy.
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Termination by Seller. If, prior to Closing, the Purchaser defaults in --------------------- performing any of its obligations under this Agreement (including its obligation to purchase the Property), the Seller's sole remedy for such default shall be to terminate this Agreement and receive the Deposit. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives and releases any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit as full and complete liquidated damages and as the Seller's sole remedy.
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Termination by Seller. If, prior to Closing, the Purchaser --------------------- defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), the Seller's sole remedy for such default shall be to terminate this Agreement and receive the Deposit, if any. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives waive and releases release any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit Deposit, if any, as full and complete liquidated damages and as the Seller's sole remedy.
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Termination by Seller. If, prior to Closing, the Purchaser defaults in performing any of its obligations under this Agreement (including its obligation to purchase the Property), the Seller's sole remedy for such default shall be to terminate this Agreement and receive retain the Deposit. The Seller and the Purchaser agree that, in the event of such a default, the damages that the Seller would sustain as a result thereof would be difficult if not impossible to ascertain. The Seller hereby waives and releases any and all other rights and remedies for a default by the Purchaser. Therefore, the Seller and the Purchaser agree that, the Seller shall retain the Deposit as full and complete liquidated damages and as the Seller's sole remedy.
Appears in 1 contract
Samples: Purchase Agreement (Humphrey Hospitality Trust Inc)