Common use of TIME OF ESSENCE, DEFAULT AND REMEDIES Clause in Contracts

TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any obligation required to be performed prior to closing (and including the obligation to close) is not performed there shall be the following exclusive remedies: (a) If Buyer is in Default: In the event Buyer defaults in the performance of its obligations hereunder prior to Closing, Seller shall have the right to (i) terminate this Contract upon written notice to the Buyer; or (ii) treat this Contract as being in full force and effect and to obtain specific performance, but not any damages.

Appears in 2 contracts

Samples: Contract to Buy and Sell Real Estate, Contract to Buy and Sell Real Estate

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TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any obligation required to be performed prior to closing (and including the obligation to close) is not performed there shall be the following exclusive remedies: (a) If Buyer is in Default: In the event Buyer defaults in the performance of its obligations hereunder prior to Closing, Seller shall have the right to (i) terminate this Contract upon written notice to the Buyer; Buyer or (ii) subject to Buyer’s agreement, treat this Contract as being in full force and effect and to obtain specific performance, but not any damages.

Appears in 2 contracts

Samples: Contract to Buy and Sell Real Estate, Contract to Buy and Sell Real Estate

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TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any obligation required to be performed prior to closing (and including the obligation to close) is not performed there shall be the following exclusive remedies: (a) If Buyer is in Default: In the event Buyer defaults in the performance of its obligations hereunder prior to Closing, Seller shall have the right to (i) terminate this Contract upon written notice to the Buyer; or (ii) subject to Buyer’s agreement, treat this Contract as being in full force and effect and to obtain specific performance, but not any damages...

Appears in 1 contract

Samples: Contract to Buy and Sell Real Estate

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