Common use of Termination Damages Clause in Contracts

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

Appears in 1 contract

Samples: Purchase and Sale Agreement

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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 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Legacy Reserves Lp)

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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Linn Energy, LLC)

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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

Samples: Purchase and Sale Agreement (Legacy Reserves Lp)

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

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