Examples of Performance Deposit in a sentence
Each Seller and Buyer acknowledge and agree that (x) Seller’s actual damages upon the event of such a termination are difficult to ascertain with any certainty, (y) the Performance Deposit is a fair and reasonable estimate by the Parties of such aggregate actual damages of Seller and (z) such liquidated damages do not constitute a penalty.
The Performance Deposit shall be held and disbursed by the Escrow Agent in accordance with the terms of this Agreement and the Escrow Agreement.
Any such Dispute will be conducted in accordance with Section 3.1(i)(ii) and/or Section 4.5, mutatis mutandis, but subject to the timing set forth in this provision and during the pendency of any such Dispute, the Performance Deposit will remain in escrow pending final resolution by the Title Arbitrator and/or Environmental Arbitrator, as applicable, pursuant to this Section 13.2(e).
In the event there is a Closing, then on the Closing Date the entirety of the Performance Deposit shall be applied as a credit towards the Closing Purchase Price and shall be disbursed as provided in the Closing Statement.
If this Agreement is terminated prior to the Closing in accordance with Article 13, then the distribution of the Performance Deposit shall be governed by the terms of Section 13.2.