XXXXXXX MONEY PAYMENT TO SELLER. If Seller signs and accepts this Agreement and title is marketable; and (1) Buyer has materially electronic funds wire 333 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as xxxxxxx money or fails to timely 334 make an transfer for Buyer’s xxxxxxx money; or (3) Buyer fails to complete this transaction in accordance with the material 335 terms of this Agreement, then all xxxxxxx money paid or agreed to be paid shall be paid to Seller as liquidated damages. The parties expressly agree 336 that Seller’s economic and non-economic damages arising from Buyer’s failure to close this transaction in accordance with the terms of this Agreement would 337 be difficult or impossible to ascertain with any certainty, and that said xxxxxxx money deposit(s) identified herein shall represent a binding liquidated sum, and 338 that it is a fair, reasonable and appropriate pre-estimate of Seller’s damages, and is not a penalty. It is the intention of the parties that Seller’s sole 339 remedy against Buyer for Buyer’s failure to close this transaction in accordance with the material terms of this Agreement shall be 340 limited to the amount of xxxxxxx money paid or agreed to be paid herein. Seller’s right to recover from Buyer any unpaid xxxxxxx money 341 agreed to be paid herein shall be in accordance with the provisions of the Dispute Resolution Sections below.
Appears in 1 contract
Samples: Sale Agreement
XXXXXXX MONEY PAYMENT TO SELLER. If Seller signs and accepts this Agreement and title is marketable; and (1) Buyer has materially electronic funds wire 333 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as xxxxxxx money or fails to timely 334 make an electronic funds transfer for Buyer’s xxxxxxx money; or (3) Buyer fails to complete this transaction in accordance with the material terms 335 terms of this Agreement, then all xxxxxxx money paid or agreed to be paid shall be paid to Seller as liquidated damages. The parties expressly agree that 336 that Seller’s economic and non-economic damages arising from Buyer’s failure to close this transaction in accordance with the terms of this Agreement would be 337 be difficult or impossible to ascertain with any certainty, and that said xxxxxxx money deposit(s) identified herein shall represent a binding liquidated sum, and that 338 that it is a fair, reasonable and appropriate pre-estimate of Seller’s damages, and is not a penalty. It is the intention of the parties that Seller’s sole remedy 339 remedy against Buyer for Buyer’s failure to close this transaction in accordance with the material terms of this Agreement shall be 340 limited to the 340 amount of xxxxxxx money paid or agreed to be paid herein. Seller’s right to recover from Buyer any unpaid xxxxxxx money 341 agreed to be 341 paid herein shall be in accordance with the provisions of the Dispute Resolution Sections below.
Appears in 1 contract
Samples: Sale Agreement
XXXXXXX MONEY PAYMENT TO SELLER. If Seller signs and accepts this Agreement and title is marketable; and (1) Buyer has materially electronic funds wire 333 329 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as xxxxxxx money or fails to timely 334 330 make an a wire transfer for Buyer’s xxxxxxx money; or (3) Buyer fails to complete this transaction in accordance with the material 335 terms of this 331 Agreement, then all xxxxxxx money paid or agreed to be paid shall be paid to Seller as liquidated damages. The parties expressly agree 336 that Seller’s 332 economic and non-economic damages arising from Buyer’s failure to close this transaction in accordance with the terms of this Agreement would 337 be difficult or 333 impossible to ascertain with any certainty, and that said xxxxxxx money deposit(s) identified herein shall represent a binding liquidated sum, and 338 that it is a fair, 334 reasonable and appropriate pre-estimate of Seller’s damages, and is not a penalty. It is the intention of the parties that Seller’s sole 339 remedy against 335 Buyer for Buyer’s failure to close this transaction in accordance with the material terms of this Agreement shall be 340 limited to the amount 336 of xxxxxxx money paid or agreed to be paid herein. Seller’s right to recover from Buyer any unpaid xxxxxxx money 341 agreed to be paid _____/ _____ _____ _____ Date_____ Date_____ 337 herein shall be in accordance with the provisions of the Dispute Resolution Sections below.. Buyer Initials SC08/07/19 NC08/07/19 Seller Initials / 338
Appears in 1 contract
Samples: Sale Agreement
XXXXXXX MONEY PAYMENT TO SELLER. If Seller signs and accepts this Agreement and title is marketable; and (1) Buyer has materially electronic funds wire 333 329 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as xxxxxxx money or fails to timely 334 330 make an a wire transfer for Buyer’s xxxxxxx money; or (3) Buyer fails to complete this transaction in accordance with the material 335 terms of this 331 Agreement, then all xxxxxxx money paid or agreed to be paid shall be paid to Seller as liquidated damages. The parties expressly agree 336 that Seller’s 332 economic and non-economic damages arising from Buyer’s failure to close this transaction in accordance with the terms of this Agreement would 337 be difficult or 333 impossible to ascertain with any certainty, and that said xxxxxxx money deposit(s) identified herein shall represent a binding liquidated sum, and 338 that it is a fair, 334 reasonable and appropriate pre-estimate of Seller’s damages, and is not a penalty. It is the intention of the parties that Seller’s sole 339 remedy against 335 Buyer for Buyer’s failure to close this transaction in accordance with the material terms of this Agreement shall be 340 limited to the amount 336 of xxxxxxx money paid or agreed to be paid herein. Seller’s right to recover from Buyer any unpaid xxxxxxx money 341 agreed to be paid 337 herein shall be in accordance with the provisions of the Dispute Resolution Sections below.
Appears in 1 contract
Samples: Final Agency Acknowledgment