Termination Default and Remedies. (a) If, after waiver or satisfaction of all contingencies listed in Section 4, Buyer defaults under this Agreement, Buyer shall pay to Seller, as liquidated damages, in lieu of all legal or equitable remedies which may be available to Seller, (1) any xxxxxxx money paid or to be paid by Buyer under this Agreement (including, without limitation, the Deposit, the Buyer Note, and the Letter of Credit) plus accrued interest, plus (2) an additional amount equal to Seller's actual out of pocket costs (including reasonable attorneys' fees) incurred in connection with Seller's performance under this Agreement.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Ral Income Plus Equity Growth v LTD Partnership), Asset Purchase Agreement (Ral Yield & Equities Iii Limited Partnership), Asset Purchase Agreement (Ral Yield Plus Equities Iv LTD Partnership)
Termination Default and Remedies. (a) If, after waiver or satisfaction of all contingencies listed in Section 4, Buyer defaults under this Agreement, Buyer shall pay to Seller, as liquidated damages, in lieu of all legal or equitable remedies which may be available to Seller, (1) any xxxxxxx earnest money paid or to be paid by xxxx xx Buyer under this Agreement (including, without limitation, the Deposit, the Buyer Note, and the Letter of Credit) plus accrued interest, plus (2) an additional amount equal to Seller's actual out of pocket costs (including reasonable attorneys' fees) incurred in connection with Seller's performance under this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Ral Yield Equities Ii LTD Partnership)
