Common use of WAIVER OF SPECIFIC PERFORMANCE REMEDY Clause in Contracts

WAIVER OF SPECIFIC PERFORMANCE REMEDY. As a material part of the consideration to be received by Seller under this Agreement, Buyer waives all rights to file and maintain an action against Seller for specific performance and to record a lis pendens against the Property if a dispute arises concerning this Agreement. Xxxxx agrees that the Property is not unique and that in the event of Seller's default or material breach of the Agreement, Buyer can be adequately and fairly compensated solely by receiving a return of the Deposit. Upon return of the Deposit to Buyer, the Agreement shall be terminated, and Xxxxx and Seller hereby irrevocably instruct Closing Agent to return all funds and documents to the Party that deposited them without further direction. In no event shall Buyer have the right to seek or obtain specific performance or enforcement of this Agreement.

WAIVER OF SPECIFIC PERFORMANCE REMEDY. As a material part of the consideration to be received by Seller under this Agreement, Buyer waives all rights to file and maintain an action against Seller for specific performance and to record a lis pendens against the Property if a dispute arises concerning this Agreement. Xxxxx agrees that the Property is not unique and that in the event of Seller's default or material breach of the Agreement, Buyer can be adequately and fairly compensated solely by receiving a return of the Deposit. Upon return of the Deposit to Buyer, the Agreement shall be terminated, and Xxxxx and Seller hereby hereb y irrevocably instruct Closing Agent to return all funds and documents to the Party that deposited them without further direction. In no event shall Buyer have the right to seek or obtain specific performance or enforcement of this Agreement.

WAIVER OF SPECIFIC PERFORMANCE REMEDY. As a material part of the consideration to be received by Seller under this Agreement, Buyer waives all rights to file and maintain an action against Seller for specific performance and to record a lis pendens against the Property if a dispute arises concerning this Agreement. Xxxxx agrees that the Property is not unique and that in the event of Seller's default or material breach of the Agreement, Buyer can be adequately and fairly compensated solely by receiving a return of the Deposit. Upon return of the Deposit to Buyer, the Agreement shall be terminated, and Xxxxx and Seller hereby irrevocably instruct Closing Agent to return all funds and documents to the Party that deposited them without further direction. In no event shall Buyer have the right to seek or obtain specific performance or enforcement of this Agreement.