Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty. (b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within three
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Samples: Purchase and Sale Agreement
Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer Xxxxx and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within threethree (3) Business Days after termination Seller shall return to Buyer in immediately available funds the Deposit.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within threethree (3) Business Days after termination Seller shall return to Buyer in immediately available funds the Deposit.
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Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b) (but only in connection with Sections 9.01 and 9.02), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (b) (but only in connection with Section 9.03), (c), (d), (e) or (f), then within threefive (5) Business Days after termination Seller shall return to Buyer in immediately available funds the Deposit.
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Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's ’s actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within threethree (3) Business Days after termination Seller shall return to Buyer in immediately available funds the Deposit.
Appears in 1 contract
Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer Xxxxx and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within three
Appears in 1 contract
Samples: Purchase and Sale Agreement