Performance Deposit definition
Examples of Performance Deposit in a sentence
Buyer has sufficient cash (in United States Dollars) to enable Buyer to (a) fund the Performance Deposit on the Execution Date, (b) pay the Purchase Price (minus the Performance Deposit) on the Closing Date to or on behalf of Seller, and (c) pay and perform all other obligations of Buyer hereunder and the other agreements delivered hereunder by Buyer.
Seller and Bxxxx each 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.
If this Agreement is terminated without a Closing, then the Parties shall jointly instruct the Escrow Agent to distribute the Performance Deposit to Buyer or Seller as provided in Section 8.2. In the event that Closing occurs, on the Closing Date the entirety of the Performance Deposit shall be applied toward Buyer’s obligation to pay the Purchase Price in accordance with Section 2.2.